Terms of Service

1. What we do

We help employers learn about the BioFlex Employee Health Program, a supplemental benefits program built on Section 125 of the Internal Revenue Code. We provide information, savings estimates, webinars and a payroll census review. Coverage is offered and administered by the program and its licensed insurance professionals, not by us.

2. No insurance, tax or legal advice

Information on the Services is general and educational. It is not insurance, tax, legal, medical or financial advice. Only a licensed insurance agent can quote, explain plan terms or enroll a business. Consult your own advisors before making decisions.

The program is supplemental coverage and does not replace major medical insurance. Not every employer qualifies.

3. Estimates are not guarantees

Savings estimates, examples and results of other companies are illustrations based on the information provided and general assumptions. They are not a quote, an offer of coverage or a promise of any result. Eligibility, benefits and savings are confirmed only through a payroll census review and enrollment, and actual results vary.

4. Who may use the Services

You must be at least 18 and able to form a binding contract. If you use the Services for a business, you confirm you are authorized to act for it, and these Terms bind that business too.

5. Information you provide

You agree to give accurate information and to keep it current. If you upload payroll or employee information, you confirm that you are authorized to share it with us and our licensed agent for a census review, and that doing so complies with the law and your obligations to your employees. Do not upload Social Security numbers, employee names or medical information unless we ask for them. Our Privacy Policy explains how we handle information.

6. Partner accounts

Affiliate partners and sales representatives who use our portal must keep their login secure and are responsible for activity under their account. Their separate agreement with us controls if it conflicts with these Terms. Information about referred businesses is confidential and may be used only to support the program.

7. Emails and text messages

By giving us your email, you agree we may email you about your inquiry and the program. Marketing emails include an unsubscribe link. Text messages are sent only if you opted in, as described in our SMS Terms, which are part of these Terms. You can reply STOP at any time.

8. Acceptable use

You agree not to:

• submit false information or information about someone else without their permission;
• upload malware or try to access accounts, data or systems you are not authorized to use;
• scrape, copy or resell the Services or their content, or use bots to submit forms;
• interfere with the Services' operation or security, including by getting around rate limits or security checks;
• use the Services in violation of any law.

9. Our content

The Services and their content, including text, videos, graphics, logos and software, belong to us or our licensors. We grant you a limited, revocable right to use them for your own evaluation of the program. You may share our links and the materials we provide for sharing, but you may not alter them or use our name or logos otherwise without our written permission.

10. Third-party services

The Services link to or rely on third-party services such as Zoom, Vimeo, calendar providers and the program's own app and support. Their terms and privacy policies apply to your use of them, and we are not responsible for them.

11. Disclaimers and limitation of liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE OR DATA, ARISING FROM THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM. SOME STATES DO NOT ALLOW THESE LIMITS, SO THEY MAY NOT APPLY TO YOU.

12. Indemnity

You will defend and cover us against claims, losses and costs (including reasonable attorney fees) arising from information you submit without authorization, your misuse of the Services or your violation of these Terms or the law.

13. Arbitration and class action waiver

Informal resolution first. Before filing a claim, contact us at the email below and give us 30 days to try to resolve it.

Binding arbitration. Any dispute arising from or relating to the Services or these Terms, including disputes about text messages or calls and about whether this section applies, will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Arbitration Rules for disputes between businesses). The Federal Arbitration Act governs this section. The arbitration will take place in Michigan or by video, and the arbitrator may award the same individual relief a court could.

Exceptions. Either party may bring an individual claim in small claims court, or ask a court for an injunction to protect intellectual property.

Class action waiver. Disputes will be resolved only on an individual basis. You and we waive any right to a jury trial and to take part in a class, collective or representative action or arbitration. If this waiver is found unenforceable for a claim, that claim will proceed in court, not in arbitration.

Opting out. You may opt out of this section by emailing us within 30 days after you first accept these Terms, with your name, contact details and a clear statement that you opt out of arbitration.

14. Governing law

Michigan law governs these Terms, without regard to conflict-of-laws rules. Subject to section 13, the state and federal courts located in Michigan have exclusive jurisdiction, and you consent to them.

15. Changes and termination

We may change these Terms by posting an update and changing the date at the top. Changes apply from then on, and continued use means you accept them. We may suspend or end access to the Services at any time. Sections that by their nature should survive, including sections 5 and 9 through 14, survive.

16. General

These Terms, our Privacy Policy and our SMS Terms are the entire agreement about the Services. If any part is unenforceable, the rest stays in effect. Our not enforcing a term is not a waiver. You may not assign these Terms; we may assign them in connection with a merger or sale of our business.

17. Contact

Our Wellness Life Inc., 8020 Shrigley Rd., Charlevoix, MI 49720. Email: info@ourwellnesslife.com.