Licensing and Legal

All insurance quotes and products are offered through Medical Mutual Services, LLC dba BenefitBuilder, an Ohio insurance agency with Ohio License No. 947516.

BenefitBuilder Services. BenefitBuilder is designed to provide you with information regarding insurance products and services that may be available to you. Our services may include providing insurance rates from licensed insurance providers. BenefitBuilder does not issue insurance contracts or bind coverage. BenefitBuilder does not provide insurance, tax, or legal advice. The information and descriptions contained on this Site are intended as general information and are not necessarily complete descriptions of all terms, exclusions, and conditions applicable to the products and services offered by insurance carriers. Any premium rates shown are for quoting purposes only and may vary based on the insurance carrier and coverage provided to each individual. As a result, final premium rates may differ from quoted premium rates. Some products and services, coverages, and insurance described on this site may not be available in all jurisdictions. Products may be subject to applicable regulations and geographic restrictions. Coverage is subject to the terms and conditions in the insurance policies issued by the insurance carriers.

Existing Insurance Coverage. Do not cancel your existing health insurance policy until you have received written confirmation from the insurance company to which you submitted an application that your new policy is effective. BENEFITBUILDER IS NOT RESPONSIBLE FOR ANY GAP IN COVERAGE IF YOUR EXISTING POLICY IS CANCELLED BEFORE A NEW POLICY IS IN EFFECT.

Compensation. BenefitBuilder receives compensation in the form of commissions from insurance companies from the sale of insurance products and services we offer. Some of the compensation that BenefitBuilder receives may vary depending on a number of factors, including the insurance contract and insurer you select. Commissions and compensation to BenefitBuilder do not play any role in the insurance recommendations we make.

This BenefitBuilder website may contain links to other Internet sites (“Third Party Sites”) that are not maintained by or under the control of Medical Mutual Services, LLC dba BenefitBuilder. These links are provided solely for your convenience, and you access them at your own risk. BenefitBuilder makes no warranties or representations about the contents of products, services or information offered in such Third Party Sites. Consequently, BenefitBuilder is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in Third Party Sites linked to this website.

Website Terms of Use

Effective Date: April 25, 2022

All insurance quotes and products are offered through Medical Mutual Services, LLC dba BenefitBuilder, an Ohio insurance agency with Ohio License No. 947516.

PLEASE READ THESE TERMS, CONDITIONS AND AGREEMENTS SET FORTH BELOW (THESE “TERMS OF USE”) CAREFULLY BEFORE USING THIS SITE (AS DEFINED BELOW). By using this Site, you signify your understanding and agreement to these Terms of Use. You must agree to these Terms of Use in order to use this Site. If you do not agree to all of these Terms of Use, do not use this Site.

This website is owned and operated by BenefitBuilder, a registered dba of Medical Mutual Services, LLC (collectively, “BenefitBuilder”, “we”, “our”, or “us”). These Terms of Use govern the Use (as defined below) of  the BenefitBuilder website, and related web-based services of BenefitBuilder. For ease of reference, the access, transmission, viewing or other use of our various websites, our mobile application, and related web-based services and Content (as defined below) such as text, information, images, video and audio and all services (“Services”) and any of the information contained herein (collectively, this “Site”) is hereinafter referred to collectively as the “Use” of, or “Using”, this Site.

This Site incorporates proprietary intellectual properties, which are protected by copyright (including certain rights of patentability) and which we maintain as confidential and proprietary information to be Used only in connection with these Terms of Use. By Using this Site, you are agreeing to be bound by these Terms of Use. We may revise and update these Terms of Use at any time. Therefore, we encourage you to review this Site and these Terms of Use for any updates or changes on a periodic basis. Your present and subsequent Use of this Site demonstrates your acceptance of these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND REPRESENT THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND ABLE TO FORM LEGALLY BINDING CONTRACTS.

General Terms

1. Registration; Passwords. Use of certain portions of this Site may require registration and passwords. You agree that any registration information that you provide shall be correct and complete. If we believe that any registration information is not correct and complete, we have the right to refuse you access to this Site or applicable portions of this Site and/or to terminate, suspend, or restrict your Use of this Site or applicable portions of this Site. You agree to maintain the confidentiality of any password(s) you Use to access this Site, and you are fully responsible for the actions of any person or entity that accesses this Site using your password. You agree to notify us immediately of any unauthorized use of your password(s). Notice of unauthorized use will not relieve you of responsibility for activities that occur as a result of unauthorized Use or access of the Site. You acknowledge that BenefitBuilder is relying on you to not share your registration information and passwords credentials with unauthorized third parties, and you agree not to hold BenefitBuilder responsible for any disclosure of health information made to a third party through Use of the Site with your registration and password.

2. Privacy and Personal Information. You can view our Privacy Policy on this Site. You agree to be bound by our Privacy Policy (as may be amended by us in accordance with its terms), which is hereby incorporated by reference into these Terms of Use and maintain your data accordingly.

3. Security. The security of your personal information is very important to us. None of your personal information can be legally accessed or released without your consent except as discussed in these Terms of Use and in our Privacy Policy. All such information is stored in a secured database and all reasonably prudent efforts are made to assure that same is secure.

4. Minors Prohibited.

  • This Site is for Use by adults only. If you are not over 18 years of age, do not Use this Site.
  • We are committed to protecting the privacy of children. You should be aware that this Site is not for or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child.

5. Other Conditions. As a condition of your Use of the Site and Services, you represent, warrant, and agree that:

  • You will Use the Services in accordance with these Terms of Use and comply with any laws that apply to you.
  • It is your responsibility to protect your personal information and your registration information and passwords by keeping secret your registration information, password and other security information and taking other reasonable steps to protect your privacy and security.
  • You are responsible for any Use of your registration information and passwords. BenefitBuilder will not be responsible for any loss or damage caused by someone else utilizing your registration information or passwords to gain access to the Site or Services.
  • You will notify BenefitBuilder immediately of any unauthorized use of your registration information or passwords or any other concern about account security.

6. Prohibited Conduct. You are prohibited from doing any of the following in connection with the Services:

  • Using the Services for any illegal, unethical, abusive, offensive, harassing, or unsolicited purpose;
  • Misrepresenting your identity or authority, providing false information, impersonating another person or entity, or misrepresenting your relationship with a person or entity, or attempt to use another person’s BenefitBuilder account;
  • Attempting to gain unauthorized access to the Services; or
  • Assisting a third-party in engaging in any of these prohibited activities.

7. Intellectual Property. BenefitBuilder owns all rights to the Services, the trademarks on this Site, content, software, and all intellectual property. All of the content on this Site, including all text, photographs, graphics, images, videos, format, and other expressions (“Content”) is the property of us, or the suppliers of Content. All of the above is protected by U.S. and international copyright laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES. You may only Use the Content for accessing and understanding such information for individual and personal use. You may not copy, make any reproduction or modification or any derivative work of the foregoing, and may not republish or display any of same, nor may any of same be linked to any other website unless such website provides acknowledgment of ownership of same in BenefitBuilder or its third-party suppliers or licensors. All rights not expressly granted in these Terms of Use are reserved to BenefitBuilder and its parent company. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.

8. Copyrights of Third Parties. We respect the copyrights and intellectual property of third parties, and we expect the Users of this Site to do the same. If you believe there is any infringement of any other person’s copyright or intellectual property by this Site, we request that you call it to our attention right away. Please do so by sending whatever information you have to assist us in evaluating same. Any statement made by you to that effect must be made in good faith and may be subject to penalties of perjury that the information is accurate, or you have a good faith belief in same. You may send such notices to CorporateCompliance@MedMutual.com.

9. Compliance with the Digital Millennium Copyright Act. We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of Users usage of this Site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the Content;
  • Information reasonably sufficient to permit us to contact the complaining party;
  • A statement that the complaining party has a good faith belief that the Use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • For copyright inquiries under the Digital Millennium Copyright Act, please contact Medical Mutual’s Copyright Agent at: Legal Department, Medical Mutual Services, LLC, 2060 East 9th Street, Cleveland, Ohio 44115-1355.

10. Intellectual Property Rights. You agree that we (or our Content providers) own all worldwide rights, titles, and interests in and to the Site. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without our prior written approval. All rights not expressly granted in these Terms of Use are reserved to BenefitBuilder and its parent company. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.

11. Content. The Content contained on this Site is provided by BenefitBuilder or under license by third parties as a service to the Users of this Site. This Site and the information, Services and materials contained on this Site are provided on an “as is” and “as available” basis. You agree that the Use of this Site is at your sole risk. We do not warrant that the information on this Site is accurate, reliable, or current. Additionally, there are no warranties as to results that may be obtained from the Use of this Site.

12. Limitations on Use. This Site is owned and operated by BenefitBuilder and is for the User’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any Content obtained from this Site. Nothing in this section is intended to restrict or prohibit you from using member health information that is accessible through the Services.

13. No Warranty. The Content published on this Site may include inaccuracies or typographical errors. We do not warrant or make any representations regarding the Use or the results of the Use of the materials in this Site in terms of their correctness, completeness, accuracy, timeliness, reliability, or otherwise.

14. We May Freely Use Feedback You Provide. You agree that we may use your feedback, suggestions, or ideas in any way, including, without limitation, in future modifications of this Site, the Services, other products or services and/or advertising or marketing materials, in accordance with the terms of the Privacy Policy.  You grant BenefitBuilder a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

15. Advertisements and Links to Other Websites. This Site may contain advertisements placed by or on behalf of third parties. These advertisements may contain links to other websites. We may occasionally provide links on its Site to third-party websites. These links connect you with other websites that are maintained by other parties over whom we have no control. These links are provided only as a convenience to you, and we do not assume any responsibility for nor endorse such other websites. UNLESS EXPRESSLY STATED BY US, BENEFITBUILDER DOES NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES, OR WEBSITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEBSITE MAY BE EITHER NECESSARY OR APPROPRIATE FOR YOU. BENEFITBUILDER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF PRODUCTS, SERVICES, OR INFORMATION OFFERED IN SUCH THIRD-PARTY SITES. Consequently, BenefitBuilder is not and shall not be held responsible for the accuracy, copyright compliance, legality or decency of materials contained in such third-party sites.

16. DISCLAIMER OF WARRANTIES. THIS SITE AND THE CONTENT, INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THIS SITE IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE DO NOT WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, RELIABLE, OR CURRENT. NEITHER MEDICAL MUTUAL SERVICES, LLC dba BENEFITBUILDER NOR ANY OTHER CONTENT PROVIDERS MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (i) WILL BE UNINTERRUPTED OR ERROR-FREE, (ii) ARE FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (iii) ARE SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. BENEFITBUILDER AND ANY THIRD-PARTY SUPPLIER ASSUME NO RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, INFORMATION, OR SERVICES ON THIS SITE IN ANY WAY, AND THERE IS NO WARRANTY OR ANY ASSURANCE THAT THE PRODUCTS OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE WILL SATISFY ANY REQUIREMENTS THAT YOU MAY HAVE. BY USING THIS SITE, THE USER ACKNOWLEDGES THAT IT IS AT THE USER'S SOLE RISK AND THE USER ASSUMES FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH USE OF THIS SITE.YOU ACKNOWLEDGE THAT BENEFITBUILDER IS NOT RESPONSIBLE FOR, AND CANNOT BE HELD RESPONSIBLE FOR, THE ACTS OR OMISSIONS OF THIRD PARTIES.NEITHER BENEFITBUILDER  NOR ANY THIRD-PARTY SUPPLIER CAN ASSURE THAT THE USER, IN USING THIS SITE, HAS SELECTED AN APPROPRIATE SERVICE PROVIDER. AGAIN, YOU SHOULD USE THIS SITE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

17. EXCLUSION OF DAMAGES. AS CONSIDERATION FOR USER'S OPPORTUNITY TO USE THIS SITE AND THE CONTENT AND SERVICES, USER AGREES THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL BENEFITBUILDER OR ANYONE ASSOCIATED WITH BENEFIT BUILDER OR ITS PARENT COMPANIES OR THIS SITE BE LIABLE IN ANY WAY TO YOU OR ANY OTHER ENTITY FOR ANY ACTION OR INACTION TAKEN BY USER IN RELIANCE UPON INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE. NEITHER BENEFITBUILDER NOR ANYONE ASSOCIATED WITH BENEFITBUILDER OR ITS PARENT COMPANIES SHALL BE LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS), WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DELAY OR INABILITY TO USE THE SERVICES OR INFORMATION, PRODUCTS, MATERIALS OR OTHER RESOURCES PROVIDED HEREIN OR; (ii) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES; OR (iii) THE USE OF YOUR REGISTRATION INFORMATION OR PASSWORDS; OR (iv) ANY DISCLOSURE OF HEALTH INFORMATION TO AN APP MADE AT YOUR DIRECTION AND WITH YOUR APPROVAL, OR ANY UNAUTHORIZED ACCESS TO, OR USE, OR DISCLOSURE OF HEALTH INFORMATION THAT TAKES PLACE IN CONNECTION WITH YOUR REGISTRATION INFORMATION OR PASSWORDS; OR (v) ANY OTHER FAILURE TO PERFORM BY BENEFITBUILDER OR ITS CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER BENEFITBUILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

18. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF BENEFITBUILDER AND ITS SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THESE TERMS OF USE AND YOUR USE OF THE SITE IN THE AGGREGATE SHALL BE LIMITED TO THE AGGREGATE AMOUNT, IF ANY, THAT YOU PAID FOR THE SERVICES PROVIDED ON THIS SITE PRIOR TO SUCH CLAIM. IN ADDITION, OUR ENTIRE LIABILITY FOR ANY CLAIM RELATING TO THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, SUBJECT TO APPLICABLE LAW.

19. Indemnification. You agree to indemnify and hold us and our suppliers, information providers, ISPs, and officers, directors, and employees (an “Indemnified Party”) harmless against any losses, claims, damages, liabilities, penalty actions, proceedings, or judgments (collectively referred to as “Losses”) to which an Indemnified Party may become subject, related to or arising out of any infringement or misappropriation or alleged infringement or alleged misappropriation of any United States or international copyright, trademark, trade secret, or other proprietary right related to your Use of this Site or related to or in connection with these Terms of Use, and shall reimburse each such Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees, incurred by such Indemnified Party in connection with investigating, defending, or settling any such Losses, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party. You also agree to indemnify and hold harmless each Indemnified Party against any Losses to which such Indemnified Party may become subject to that arise out of or relate to your violation of these Terms of Use or your Use of this Site and the Services or your negligent or wrongful conduct (including use of your registration information or passwords), and shall reimburse each Indemnified Party for all legal and other expenses, including without limitation, reasonable attorneys’ fees, incurred by such Indemnified Party in connection with investigating, defending, or settling any such Losses, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

20. Foreign Access or Use. We make no claim that the Site is appropriate for access or Use outside the United States and Puerto Rico. Your access and/or Use of the Site outside the United States and Puerto Rico are at your own risk, and you are responsible for compliance with the laws of your jurisdiction.

21. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to Use this Site and all charges related thereto.

22. Monitoring. We reserve the right, but not the obligation, to monitor this Site to determine compliance with these Terms of Use. You agree to cooperate with all reasonable requests of us during any investigation of an actual or suspected breach by you of these Terms of Use.

23. Business Partners. Any of our business partners identified in this Site are independent of BENEFITBUILDER. Such business partners are not joint venture partners or any other kind of partners of BENEFITBUILDER. No employee or representative of any business partner is under our control.

24. Termination and Suspension of Services. We may, in our sole and absolute discretion, modify, suspend, restrict access to, modify the hours of availability of, or terminate this Site, these Terms of Use, any Content of this Site or any link contained herein at any time without liability or prior notice. In addition, any violation of these Terms of Use by you may result in restricted, suspended or terminated access to, or Use of, the Services and the Site. BenefitBuilder also reserves the right to:

  • Refuse to provide you with access to, or Use of, the Services if BenefitBuilder determines that your access or Use violates these Terms of Use;
  • Terminate or deny you access to, or Use of, all or part of the Services at any time if BenefitBuilder reasonably determines that your access to, or Use of, the Services would present an unacceptable level of risk to the security of BenefitBuilder's systems or cause us to violate any state or federal laws that apply to BenefitBuilder; or
  • If permitted by applicable law, terminate your Use of the Services at any time with or without cause as determined by BenefitBuilder in its sole discretion.
  • Your obligations pursuant to these Terms of Use shall survive any such modification, suspension, restriction, or termination for the maximum period allowable under applicable law.

25. Assignment. We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without our permission shall be void.

26. Waiver. The waiver by us of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

27. Severability. If any provision of these Terms of Use is deemed void, unlawful, or otherwise unenforceable for any reason, such provision shall be deemed modified to the extent necessary to render such provision enforceable, and these Terms of Use shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of, and the agreements set forth in, these Terms of Use.

28. Governing Law. The validity and interpretation of these Terms of Use, and the rights and obligations of BenefitBuilder and any person or entity Using this Site, are governed by the internal laws of the State of Ohio, excluding any choice of law provisions that require application of any other law. By Using this Site, you acknowledge and agree that any dispute that may arise out of your Use of this Site, whether sounding in contract, tort or otherwise, would involve difficult and complex issues, and therefore you agree that any lawsuit growing out of or incidental to any such dispute shall be tried in a court of competent jurisdiction by a judge sitting without a jury.

29. Jurisdiction. We control and operate this Site from our headquarters in Cleveland, Ohio. We do not represent or warrant that any materials on this Site are appropriate or available for Use in any other location. If you choose to Use this Site from another location, you do so at your own risk and are responsible for complying with any and all local laws. By Using this Site, you irrevocably and unconditionally submit to the exclusive jurisdiction of any Ohio state court or United States federal court sitting in Cuyahoga County, Ohio, and any court having appellate jurisdiction therefrom, in any action or proceeding arising out of or relating to the Use of this Site or validity and interpretation of these Terms of Use, or for recognition or enforcement of any judgment, and you hereby irrevocably and unconditionally agree that all claims in respect of any such action or proceeding may be heard and determined in any such Ohio state court or, to the extent permitted by law, in such federal court. By Using this Site, you irrevocably and unconditionally agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. By Using this Site, you hereby irrevocably and unconditionally waive, to the fullest extent you may legally and effectively do so, any objection that you may now or hereafter have to the laying of venue of any suit, action, or proceeding arising out of or relating to the Use of this Site or validity and interpretation of these Terms of Use in any Ohio state or federal court sitting in Cuyahoga County, Ohio.

30. Entire Agreement. These Terms of Use contain the entire agreement between you and BenefitBuilder relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms of Use may not be amended or supplemented by (a) any written communication originated by you relating to the subject matter hereof, (b) statements of any of our employees, or (c) any other purported modification that has not been agreed to in writing by us. We reserve the right unilaterally to make changes to these Terms of Use at any time without advance notice. We agree to post all amended forms of these Terms of Use on the Site and such amended forms shall be effective immediately upon its posting. Your continued Use of this Site subsequent to our posting of amended forms of these Terms of Use shall constitute your acceptance of the modified Terms of Use. It is at all times your responsibility to read the most current form of these Terms of Use before Using the Site to ensure that you agree to the Terms of Use of any amendments made to these Terms of Use. You agree that these standards for notice of amendments to these Terms of Use are reasonable.

31. Acceptance of Terms of Use. You acknowledge that the provisions, disclosures, and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by BenefitBuilder contrary to those set forth above.

32. Notices. Any notices required or permitted under these Terms of Use shall be in writing and sent by: (a) personal delivery, (b) United States mail, registered or certified, postage prepaid with return receipt requested; (c) by facsimile transmission later confirmed by United States mail, registered or certified, postage prepaid with return receipt requested; or (d) by overnight delivery. Notices delivered personally shall be deemed given as of the date of actual receipt. Notices delivered by United States mail shall be deemed given as of three days after mailing. Notices delivered by facsimile transmission shall be deemed given as of the date and time of receipt. Notices delivered by overnight delivery shall be deemed given as of the date of delivery. Notices shall be addressed as follows:

Medical Mutual Services, LLC
2060 East 9th Street
Cleveland, Ohio 44115-1355
216.687.2623 (fax)

Text Messaging

Effective Date: April 25, 2022

These SMS/MMS Texting Terms and Conditions (“Terms and Conditions”) apply to all persons (“you” or “your”) who provide prior express consent to receive text messages (including but not limited to SMS and MMS messages) from Medical Mutual Services, LLC dba BenefitBuilder or our affiliates, subsidiaries, agents, third-party subcontractors, or third-party vendors (collectively, “BenefitBuilder”, “we”, “our”, or “us””). Please read these Terms and Conditions carefully, as they contain important information. THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION OF DISPUTES PROVISION REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Text Messages

By opting-in to our texting program for a specific phone number, you are granting us (including our third-party subcontractors and third-party vendors as noted above) express consent to send you text messages, regardless whether the phone number otherwise appears on a federal or state Do Not Call List. Once you opt-in to our texting program, the text messages sent to your mobile phone number may be sent via an automatic dialing system. SOME TEXTS MAY INCLUDE MARKETING MESSAGES, IN WHICH CASE WE MUST RECEIVE YOUR PRIOR EXPRESS WRITTEN CONSENT.

Eligibility

Participation in our texting program is wholly optional and is not a condition of purchase or service. You must provide consent to receive text messages, and such consent must be for a telephone number with an area code designated for one of the 50 United States or the District of Columbia. You must be at least 18 years old to participate in our texting services. If you are under age 13, do not enroll or attempt to enroll in our texting services under any circumstances. If you are at least 13 years old but under the age of 18, you must get permission from a parent or guardian before enrolling in our texting services.

Fees and Availability

Although BenefitBuilder does not impose a separate charge for text alerts, your mobile carrier’s message and data rates may apply. BenefitBuilder shall not be held responsible for any charges related to the use of our text messaging service. Text messaging may not be available through all wireless carriers.

Opting Out

At any time, you may revoke your consent and opt-out of BenefitBuilder’s text messages by texting “STOP” in reply to one of our texts or calling our customer service team at 1-800-558-3035. Note: By opting out, you will no longer receive any text messages from us unless you re-enroll into our texting program.
After opting out, you will receive a one-time confirmation text message acknowledging that you have opted out of receiving further text messages from us.

If you no longer want to receive texts from us, the sole and exclusive remedy is to revoke consent by opting out.

Security and Indemnification

By providing your mobile phone number to us, you agree that the mobile phone number is yours and that you have permission to use that mobile phone number.

It is your responsibility to notify us immediately of the following events:

  • You change your mobile phone number;
  • You cancel your service plan;
  • You lose your phone;
  • You transfer your phone number to another party; or
  • You no longer have permission to use your mobile phone number.

BenefitBuilder is not responsible for any text messages sent to a wrong phone number or received by an unauthorized individual which occurs because you did not timely notify us of any of the events listed above. YOU AGREE TO INDEMNIFY BENEFITBUILDER IN FULL FOR ALL CLAIMS, EXPENSES, DAMAGES, ATTORNEYS’ FEES AND COSTS (INCLUDING, BUT NOT LIMITED TO ANY RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ.) RELATED TO OR CAUSED IN WHOLE OR IN PART BY YOUR FAILURE TO NOTIFY US OF ANY OF THE EVENTS LISTED ABOVE, BY YOU ACCIDENTALLY OR INTENTIONALLY PROVIDING BENEFITBUILDER WITH ANY FALSE OR ERRONEOUS INFORMATION, AND BY ANY USE, NON-USE, OR MISUSE OF ANY TEXTS WE SEND TO YOU.

Privacy

To learn more about how BenefitBuilder uses and discloses your information, please review our Privacy Policy.

Links to Third Party Websites

As a convenience to you, we may send you text messages which contain links to other websites that we believe may offer useful information. Such links do not constitute an endorsement by BenefitBuilder of those other websites, the content displayed therein, or the persons or entities associated therewith. Our Privacy Policy does not apply to those websites. You should contact those websites directly for information on their privacy policies, confidentiality agreements, and data collection/distribution procedures. We encourage visitors to read and become familiar with the privacy policies maintained by such other websites so that you can understand how those websites collect, use and share your information. We are not responsible and shall not be liable for your use, non-use, or misuse of any such links or websites.

Disclaimer of Warranties

Our text messaging programs are offered on an “as-is” basis. No action or inaction by BenefitBuilder shall be deemed to create any warranty of any kind, and BenefitBuilder expressly disclaims all warranties. Texting services may not be available in all areas at all times and we do not guarantee successful delivery or timely delivery of text messages by your wireless carrier, which is outside of our control.

Disclaimer and Limitation of Liability

MEDICAL MUTUAL SERVICES, LLC DBA BENEFITBUILDER OR ANY INDIVIDUAL OR ENTITY ASSOCIATED WITH BENEFITBUILDER SHALL NOT BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR ANY ACTION OR INACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THE TEXTING SERVICES. NEITHER MEDICAL MUTUAL SERVICES, LLC DBA BENEFITBUILDER NOR ANY INDIVIDUAL OR ENTITY ASSOCIATED WITH BENEFITBUILDER SHALL BE LIABLE IN ANY EVENT TO YOU OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (i) YOUR USE OF THE TEXTING SERVICES OR RELIANCE ON THE CONTENT OR SERVICES, OR (ii) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY MEDICAL MUTUAL SERVICES, LLC OR ITS CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER BENEFITBUILDER HAS BEEN ADVISED OR WAS AWARE OR UNAWARE IN ADVANCE OF THE POSSIBILITY OF SUCH RISKS OF LOSS OR DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

Governing Law and Dispute Resolution

These Terms of Use are governed by Ohio law, unless a written contract between you and BenefitBuilder contains a choice of law provision requiring application of any other law.

BY USING OUR TEXTING SERVICES, YOU AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM (WHETHER CONTRACTUAL, STATUTORY, TORT, EQUITABLE, OR OTHERWISE) ARISING OUT OF, RELATING TO IN ANY WAY, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS (INCLUDING, BUT NOT LIMITED TO ANY RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq.) SHALL BE EXCLUSIVELY AND FINALLY RESOLVED BY BINDING ARBITRATION, WHICH INCLUDES YOUR EXPRESS WAIVER OF A JURY TRIAL BY USING OUR TEXTING SERVICES. BY USING OUR TEXTING SERVICES, YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS AND EXPRESSLY WAIVE CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. THE FOREGOING ARBITRATION PROVISION SHALL SURVIVE ANY OPT-OUT REVOCATION OF CONSENT BY YOU, AS WELL AS ANY TERMINATION OR MODIFICATION OF THESE TERMS AND CONDITIONS.

In the event the foregoing arbitration provision were to be deemed unenforceable in part by then-controlling governing law, then the remaining terms of the arbitration provision would remain in force. In the event the foregoing arbitration provision were to be deemed unenforceable in whole by then-controlling governing law, then by using our texting services, you irrevocably and unconditionally submit to the exclusive jurisdiction of any Ohio state court or United States federal court sitting in Cuyahoga County, Ohio, and any court having appellate jurisdiction therefrom, in any dispute, controversy or claim arising out of, relating to in any way, or in connection with these terms and conditions and you hereby irrevocably and unconditionally agree that all claims in respect of any such action or proceeding may be heard and determined in any such Ohio state court or, to the extent permitted by law, in such federal court. By using our texting services, you irrevocably and unconditionally agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Modifications

BenefitBuilder reserves the right to modify these Terms and Conditions at any time without prior notice. Any revised Terms and Conditions will be posted to BenefitBuilder’s website, effective upon posting. You agree to review these Terms and Conditions periodically to stay informed of any changes. Your continued use of our texting services subsequent to BenefitBuilder’s modification of these Terms and Conditions shall constitute your acceptance of the modified terms.