Welcome to BHGeneticServices (BHGS)! BHGeneticServices is owned and operated by BubbaHeroWorld!, LLC to provide website, chatbot and mobile apps (the “Platform”) features and other products and services to you when you visit or shop at BHGeneticServices.com, use BHGeneticServices products or services, use BHGeneticServices applications for mobile, or use software provided by BHGeneticServices in connection with any of the foregoing (collectively, “BubbaHeroWorld!, Services”). BHGeneticServices provides the BHGS Services subject to the following conditions.

By using BHGS Services, you agree to these conditions. Please read them carefully.

We offer a wide range of services, and sometimes additional terms may apply. When you use BHGS Services you also will be subject to the guidelines, terms and agreements applicable to that BHGS Services (“Service Terms”). If these Terms and Conditions are inconsistent with the Service Terms, those Service Terms will control.

BY USING THIS PLATFORM, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Our Services

BHGeneticServices was built initially to be an online resource for members seeking to make health insurance and other healthcare purchase decisions. Following the rollout of these services we will be adding recommendations to other products and services requested by our members. We provide recommendations based on the information our members provide us to help them make smarter choices about their healthcare expenditures. Some of our members may elect to ask us questions about the purchase of health insurance or healthcare product/services, or find an insurance company that can address their needs.

We gather information from a variety of data sources including the government, nonprofit and leading commercial resources. You agree that BHGeneticServices is in no way responsible for the accuracy, timeliness or completeness of any information it may display or provide.

While BHGeneticServices provides you the opportunity to receive insurance quotes from our network of service providers, BHGeneticServices is not a health insurer and does not provide any of the products or services advertised on our Platform. We may provide users with the opportunity to submit requests for information on a wide variety of products and services offered by certain service providers (each such service provider, a “Service Provider”; each such request, a “Request”). Once you provide us with the information required on our form, we attempt to match you with Service Providers to help you acquire the type of product or service you are seeking. We are not an insurance carrier and do not act as an insurance agent or broker on our Platform, and hence, we do not issue insurance contracts or bind coverage ourselves.

Our Content

BHGeneticServices provides the content (the “Content”) appearing on our Platform solely for your convenience and informational purposes, and such Content (i) is not intended as a substitute for professional or financial advice; (ii) should not be construed as the provision of professional advice or recommendations; and (iii) should not be relied upon as the basis for any decision or action, including without limitation the diagnosis or treatment of any health problem, the eligibility for or appropriateness of any benefit or service, or the making of a financial decision. We are not responsible for the accuracy or reliability of any Content, or for expenses, losses or damages (financial or otherwise) incurred by relying upon the information presented here. The information and features included in our Content have been compiled from a variety of sources for informational purposes, and are subject to change at any time without notice. This Platform and all information it contains are provided “AS IS.”

By accessing or linking to our Platform, you assume the risk that the Content may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any Content available through our Platform. The relationship between you and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or postpone seeking it because of something that you have read on our Platform. We neither recommend nor endorse any specific products, services, opinions, or other Content that may be made available through or mentioned on our Platform.

External Links

Our Platform may provide links to other websites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that BHGeneticServices is not responsible for the availability of such external sites or resources, and that BHGeneticServices neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Additionally, other websites may provide links to our Platform with or without our authorization. You acknowledge and agree that BHGeneticServices does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to our Platform, or any expenses, losses or damages (financial or otherwise) incurred in connection therewith.

Service Providers

In submitting a Request to us, you agree to allow us to refer all of the information that you provide in connection with your Request to Service Providers. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. We request that the Service Providers make contact with you via the preferred medium that you have listed, but this does not prevent such Service Providers from contacting you by any other means that they deem appropriate. In working with Service Providers, we seek to work with companies that are reputable, professional and can service the needs of our users. However, we strongly recommend that you perform your own due diligence and research on each potential Service Provider prior to selecting or entering into any agreement or arrangement with any particular Service Provider. In addition, once we refer your request to the Service Providers in the Service Provider network, we have no further involvement in, or responsibility for, any transactions that occur between you and the Service Provider(s). We are not responsible or liable for ANY expenses, losses or damages (financial or otherwise) incurred in any such transactions or Service Provider’s acts or omissions (including, without limitation, with respect to any quotes or services that any such Service Provider may provide, for such Service Provider’s contact or delay or failure to contact you, for such Service Provider’s performance or failure to perform, or for any agreement or transaction between you and any such Service Provider. We cannot and do not guarantee that these Service Providers will provide information for every Request received or that the Service Providers who do respond to your Request can in fact meet your requirements. We may reject any Request and/or elect not to forward a Request to participating Service Providers, at our sole discretion.

You agree that BHGeneticServices is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Service Providers. Your interaction with any Service Providers accessed through our Platform is at your own risk, and BHGeneticServices will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Service Providers or for any expenses, losses or damages (financial or otherwise) resulting from your interactions with the Service Providers.

Prohibited Activities

Prohibited activities of the use of our Platform include:

• You agree not to use the Platform for illegal, unauthorized, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe the intellectual property, privacy or other rights of another.
• You agree not to engage in excessive usage of the Platform, as determined by BHGeneticServices in its sole discretion, including usage that adversely affects the speed, responsiveness or functionality of the Platform, or disrupts the availability of the Platform for other users.
• You agree not to take any action that imposes an unreasonable or disproportionately large load on the Platform or its network infrastructure.
• You agree not to attempt to damage, deny service to, hack, crack, reverse engineer or otherwise interfere with the Platform in any manner.
• You agree not to interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.
• You agree not to upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
• You agree not to modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform.
• You agree not to create a database by systematically downloading and storing all or any Platform content.
• You agree not to use any robot, spider, Platform search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Platform content or reproduce or circumvent the navigational structure or presentation of the Platform without our express prior written consent. Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), we grant the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases, at any time.

Privacy

Your use of the Website, and any information you provide to us while using the Platform, is subject to our Privacy Policy. By using the Platform, you consent to the use of your information as we outline in our Privacy Policy. If we connect you with a Service Provider through the Platform or a phone number displayed on the Platform, you accept that:

• BHGeneticServices makes money when we allow a Service Provider, typically an insurance company or licensed broker, to help you with an insurance inquiry. We ourselves do not sell insurance.
• Our Privacy Policy governs anything you do on the Platform and the applicable Service Provider’s privacy policy governs anything you do (e.g. discuss insurance) with such Service Provider.
• If we display the telephone number of a Service Provider, transfer your phone call to a Service Provider, or link to a Service Provider’s website, any and all contact with such Service Provider is undertaken at your own risk. You, not BHGeneticServices, are responsible for any personal information you provide to another company and we recommend as a general practice that you read a company’s privacy policy prior to sharing any personal information.
• Information entered into the Platform to request assistance with insurance shall be shared with only with Service Providers. This information shall not be shared with other companies and shall not be used for general marketing purposes.

Electronic Communications

When you use any BHGS Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other BHGS Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any BHGS Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BHGeneticServices or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BHGS Services is the exclusive property of BHGeneticServices and protected by U.S. and international copyright laws.

Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BHGS Services are trademarks or trade dress of BHGeneticServices in the U.S. and other countries. BHGeneticServices’ trademarks and trade dress may not be used in connection with any product or service that is not BHGeneticServices’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BHGeneticServices. All other trademarks not owned by BHGeneticServices that appear in any BHGS Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BHGeneticServices.

License and Access

Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, BHGeneticServices or its subsidiaries grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the BHGeneticServices Services. This license does not include any resale or commercial use of any BHGS Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BHGS Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions or any Service Terms are reserved and retained by BHGeneticServices or its licensors, suppliers, publishers, rightsholders, or other content providers. No BHGS Services, nor any part of any BHGS Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BHGeneticServices. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BHGeneticServices without express written consent. You may not use any meta tags or any other “hidden text” utilizing BHGeneticServices’ name or trademarks without the express written consent of BHGeneticServices. You may not misuse the BHGS Services. You may use the BHGS Services only as permitted by law. The licenses granted by BHGeneticServices terminate if you do not comply with these Terms and Conditions or any Service Terms.

Your Account

If you use any BHGS Services, 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. If you are under 18, you may use the BHGS Services only with involvement of a parent or guardian. BHGeneticServices reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

App Permissions

When you use apps created by BHGeneticServices, such as the BHGeneticServices App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

BHGeneticServices Software Terms

In addition to these Terms and Conditions, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with BHGS Services (the “BubbaHeroWorld!, Software”).

Disclaimer of Warranties and Limitation of Liability

THE BHGS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BHGS SERVICES ARE PROVIDED BY BHGENETICSERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BHGENETICSERVICES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BHGENETICSERVICES SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BHGS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BHGS SERVICES IS AT YOUR SOLE RISK.

YOU AGREE THAT BHGENETICSERVICES’ ENTIRE LIABILITY AND YOUR SOLE REMEDY FOR ALL CLAIMS SHALL BE LIMITED, IN THE AGGREGATE, TO USD $150.00.

YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR CONNECTED WITH YOUR USE OF THE PLATFORM OR ITS SERVICES, MUST BE FILED WITHIN ONE (1) CALENDAR YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BHGENETICSERVICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BHGENETICSERVICES DOES NOT WARRANT THAT THE BHGS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BHGS SERVICES, BHGENETICSERVICES’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BHGENETICSERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BHGENETICSERVICES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BHGS SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BHGS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify, defend, and hold harmless BHGeneticServices, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns from and against any claim, demand, loss, damage, cost, or liability (including amounts paid in settlement and reasonable attorneys’ fees) arising out of or relating to:

• Any content you submit, post, transmit, or make available through the Platform or its services;
• Your use or misuse of the Website;
• Your breach or alleged breach of these Terms; or your violation of any rights (including intellectual property rights) of a third party.

Applicable Law

By using any BHGS Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and BHGeneticServices.

Site Policies, Modification, and Severability

Please review our other policies posted on this site. These policies also govern your use of BHGS Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

BHGeneticServices
4692 North 300 West Suite 100
Provo, UT 84604

https://bhgeneticservices.com

Additional BHGeneticServices Software Terms

1. Use of the BHGeneticServices Software. You may use BHGeneticServices Software solely for purposes of enabling you to use and enjoy the BHGS Services as provided by BHGeneticServices, and as permitted by the Terms and Conditions, these Software Terms and any Service Terms. You may not incorporate any portion of the BHGeneticServices Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the BHGeneticServices Software or otherwise assign any rights to the BHGeneticServices Software in whole or in part. You may not use the BHGeneticServices Software for any illegal purpose. We may cease providing any BHGeneticServices Software and we may terminate your right to use any BHGeneticServices Software at any time. Your rights to use the BHGeneticServices Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms and Conditions or any other Service Terms. Additional third-party terms contained within or distributed with certain BHGeneticServices Software that are specifically identified in related documentation may apply to that BHGeneticServices Software (or software incorporated with the BHGeneticServices Software) and will govern the use of such software in the event of a conflict with these Terms and Conditions. All software used in any BHGS Services is the property of BHGeneticServices or its software suppliers and protected by United States and international copyright laws.
2. Use of Third Party Services. When you use the BHGeneticServices Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. Updates. In order to keep the BHGeneticServices Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
4. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the BHGeneticServices Software. If you are a U.S. Government end user, we are licensing the BHGeneticServices Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the BHGeneticServices Software are the same as the rights we grant to all others under these Terms and Conditions.

Last modified: October 18, 2017