INTRODUCTION

The following terms and conditions (“Terms and Conditions”) govern use of this website (www.sbcbenefits.net) and any SBC Benefits, LLC. supported website and the content therein, including mobile applications (collectively the “SBC Benefits’ Websites”). USE OF SBC BENEFITS’ WEBSITES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE USE OF SBC WEBSITES.

The SBC Benefits’ Websites present information and content that is owned or licensed by SBC Benefits, LLC., its parents, subsidiaries, and affiliates (collectively, “SBC”). When used in these Terms and Conditions, “we” and “our” mean SBC and “you” and “your” refers to any individual or entity that accesses or otherwise uses the SBC Websites.

OTHER AGREEMENTS  

These Terms and Conditions apply only to use of the SBC Websites and do not modify any other agreement or contract that may exist between you and SBC (“Other Agreements”). In the event of any conflict between these Terms and Conditions and such Other Agreements, the Other Agreements govern and control.

DO NOT RELY ON THIS WEBSITE FOR YOUR FINANCIAL OR LEGAL DECISIONS

Content published on SBC Websites is for informational purposes only. Consult your financial and legal advisors, and independently verify all information whenever making any financial decision. Nothing on the SBC Websites should be construed as rendering tax, legal, investment, insurance, or accounting advice, nor should it be construed to bind coverage, unless otherwise expressly stated. Insureds should consult with their insurance advisors with regard to specific coverage issues.

SCOPE OF USE

Use of the SBC Websites to perform or participate in any illegal activity is prohibited.

You further agree that you are solely responsible for (and that SBC has no responsibility to you or to any third party for) any content that you create, transmit, or display while using the SBC Websites or services. You likewise agree that you are responsible for the consequences of your actions (including any loss that SBC may suffer).

PROHIBITED EMAILS; POSTS ON SBC-SUPPORTED FORMS OR BLOGS, ETC.

SBC’s email system is a private email system. Numerous or bulk unsolicited commercial email messages are prohibited. Emails intended to, or appearing to be intended to, harass, embarrass, threaten, defame, or impersonate any person or containing pornographic, offensive, indecent, or discriminatory matter is prohibited.  

You agree not to access (or attempt to access) any of the SBC Websites or services by any means other than through the interface that is provided by SBC, unless you have been specifically allowed to do so in a separate written agreement with SBC. You specifically agree not to access (or attempt to access) any of the SBC Websites or services through any automated means (including the use of scripts or web crawlers).

SECURE AREAS; PASSWORDS

Portions of SBC Websites are restricted and require authorization for access. Unauthorized use of or access to such areas is prohibited. If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE.  

SBC is entitled to act on instructions received under your password. Change your password immediately if you know or suspect that it has been compromised. If you suspect any unauthorized activity related to your account, you should contact SBC immediately. SBC will not be liable for any unauthorized access to your personal information that is (i) not the direct result of SBC’s intentional or negligent conduct, or (ii) the result of your failure to properly secure your password, or (iii) the result of your sharing your password with anyone else. SBC may block access to secure areas without prior notice if SBC believes that your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred, or may occur, or for other reasons.

OWNERSHIP AND USE OF CONTENT

Except as may be otherwise provided by applicable law or written agreement with SBC, all information and content on the SBC Websites, including, but not limited to, all text, analyses, reports, articles, graphics, software applications, video and audio files, photos, trademarks, service marks and trade dress is owned or licensed by SBC. The content is protected worldwide by applicable intellectual property laws. Unless you have agreed otherwise in writing with SBC, nothing in these Terms and Conditions gives you a right to use any of SBC’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You may, however, make and use printouts of the content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark, and other proprietary notices. SBC reserves the right to terminate, at any time, your right to make personal copies of content. You may not copy, transmit, distribute, modify, publicly perform, reuse, sell, or display any of the content for any public or commercial purpose except with the prior written consent of SBC or the owners of the materials, which they may issue in their sole discretion. In addition, you may not use the content in any other website or in a network computer environment, including framing the content within another website. Except for the limited use rights expressly provided in this paragraph, all rights in content are reserved.

If you have been given an explicit right to use any of these brand features in a separate written agreement with SBC, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of these Terms and Conditions, and any other applicable SBC policies that it may publish from time to time.

LICENSE

SBC gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the SBC Websites, and software or services provided thereby. This license is for the sole purpose of enabling you to use and enjoy the benefit of the SBC Websites, software, or services, in the manner permitted by these Terms and Conditions.

You may not (and you may not permit anyone else) to copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any software or program, unless expressly permitted or required by applicable law, or unless SBC specifically authorizes such activity in writing.

COMMUNICATION SERVICES

This Site may contain news groups, forums, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You may be required to register to use the Communication Services. You agree to maintain the confidentiality of your password as a result of your registration, and you agree not to disclose it to any other individual or entity. You agree that you are fully responsible for maintaining the confidentiality of your password and that you will be responsible for any breach of this obligation, including any damages which flow from, or are connected to, such breach, without limitation. You agree that you are fully responsible for all activities that occur under your password. You also agree to contact Company immediately if you have any reason to believe that your password has been compromised.

You agree that you are responsible for any content to post or otherwise submit through the Communication Services, including its legality, reliability, appropriateness, originality and copyright. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Violate any applicable laws or regulations.

Company has no obligation to monitor the Communication Services.  However, SBC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

SBC will manage any personal information it collects via this Site in accordance with its Privacy Policy www.sbcbenefits.net.  In accordance with its Privacy Policy, SBC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SBC’s sole discretion.

SUBMISSIONS MADE TO SBC

You may be required to provide information about yourself (such as identification or contact details) as part of the registration process for access to certain portions of the SBC Websites and the services provided. You agree that any registration information you give to SBC will always be accurate, correct, and up-to-date.  

By providing information or materials to the SBC Websites (other than personal information subject to SBC’s Privacy Statement, http://www.sbcbenefits.net), you grant to SBC an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request. In addition, SBC is free to use any ideas, concepts, know-how, or techniques that you may submit to SBC through the SBC Websites for any purpose, including, but not limited to, improving our services. SBC shall not be subject to any obligations of confidentiality regarding the information or materials that you submit except as specified in SBC’s Privacy Statement, as set forth in Other Agreements, or as otherwise required by law. Although SBC will make reasonable efforts to protect and secure the personal information it receives, you should remember that email submissions over the internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before emailing or electronically submitting any personal or confidential information. SBC recommends that you encrypt personal or confidential information before submitting it over the internet.

You further acknowledge and agree that while SBC may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the SBC Websites (or services provided thereby) or on the amount of storage space used for the provision of any service, ABC reserves the right to fix upper limits at any time and in its sole discretion.

JURISDICTIONAL STATEMENT; UNITED STATES ONLY

The services and products described and information provided through the BC Websites are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject SBC to any registration requirement within such jurisdiction or country. Software and other materials from the SBC Websites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. SBC prohibits your downloading or exporting of software or other material from the SBC Websites in violation of U.S. Export Laws and/or the laws of your resident country. By downloading software or other material from the SBC Websites, you represent and warrant that you are able to do so in full compliance with all applicable laws.

WARRANTY DISCLAIMERS

We strive to provide accurate and up-to-date material on the SBC Websites. SBC and its licensors make no representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors or inaccuracies. YOUR USE OF THE SBC WEBSITES AND CONTENT IS AT YOUR OWN RISK. SBC assumes no responsibility to keep content current or to correct inaccuracies or errors in content. The content published on the SBC Websites and the operation of these sites are provided “as is” and for informational purposes only, and SBC disclaims all representations or warranties of any kind, either express or implied, including warranties of merchantability, fitness for particular purpose, title, non-infringement, accuracy, completeness, and timeliness. Some jurisdictions may not permit certain disclaimers of warranties. In such case, SBC disclaims warranties to the fullest extent permitted by the applicable law.

YOUR RESPONSIBILITY FOR SECURITY

SBC does not warrant that the SBC Websites will operate error-free or are free from viruses, worms, Trojan horses, or other destructive or harmful code. SBC assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of content from the SBC Websites. If you download or copy content from the SBC Websites, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing current virus protection software.

LINKS

Links from the SBC Websites to a non-SBC site may be provided for users’ convenience only. SBC does not control or review these sites nor does the provision of any link imply an endorsement or association of such non-SBC sites. SBC is not responsible for and makes no representation or warranty regarding the contents, completeness or accuracy, or security of any materials on such sites. If you decide to access such non-SBC sites, you do so at your own risk.

LIMITATION OF LIABILITY

In no event shall SBCS or any other party involved in creating, producing, or delivering through SBC Websites or content on SBC’s behalf be liable for any direct, incidental, special, consequential, indirect, lost profits, loss of business or data, or punitive damages arising out of your access to, or use of, or inability to access or use, the SBC Websites, or any content, or the performance of any product thereon, even if SBC is expressly advised of the possibility of such damages.

CHANGES

SBC reserves the right to change the content on the SBC Websites and services provided, including these Terms and Conditions, from time to time without prior notice. The changes may include superseding terms and conditions, specific notices, or the discontinuation or disabling of any service, program, website, or mobile application. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of the SBCS Websites constitutes your acceptance of any change or update, all of which shall become controlling when posted.

PRIVACY

You may review SBC’s Privacy Statement at http://www.sbcbenefits.net/privacy

GOVERNING LAW

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of Texas, without giving effect to conflict of law principles thereof.

RESERVATION OF RIGHTS

SBC reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address. SBC does not intend to market any products or services to children and does not knowingly collect personal information from them. By using the SBC Websites, you represent that you are at least 18 years old. If you are under 18 years old, do not use the SBC Websites.

SEVERABILITY

If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision will be considered severable and the remaining provisions shall remain in full force and effect.