Please read this Agreement thoroughly and carefully to ensure you understand each provision.
These Terms of Use apply to all users of Big ben Medical Online Services. Please note that these terms supersedes any separate written agreement with American Brands LLC DBA Big Ben Medical if any.
These Terms of Service (“Terms”) govern your use of American Brands LLC DBA Big Ben Medical services. (“Company”, Big Ben Medical) web site located at https://www.bigbenmedical.com (the “Site”) and the services that are made available through the Site (collectively, the “Big Ben medical Services”). Please read these Terms carefully. By using the Big Ben Medical services, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Big Ben Medical services.
Arbitration Agreement. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Your Responsibilities. You agree not to use the Big Ben Medical services to violate any local, state, national, or international law or regulation.
Your Account Terms. You may not access the Big Ben Medical services through automated methods, such as the use of robots or other computer code which calls the Service, except where explicitly allowed and permitted by big ben medical. Each user provides a valid email address and any other information requested in order to fully complete the signup process and create a login. For each of your locations you may create a separate BigBen medical service account with lab services or third party services . The sharing of your Big Ben Medical Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and you are responsible to ensure that each User associated with your Big Ben Medical services Account complies with these Terms. Big Ben Medical is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account and all activity that occurs under your Big Ben Medical services Account (even when Data is posted by others who have accounts under your Account). You may not use the Big Ben Medical services for any illegal or unauthorized purpose as described in the Terms of Use.
Forms and Submissions. Big Ben Medical does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the Big Ben Medical services (“Forms and Submissions”). As between Big Ben Medical and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page or a Report “public”, you grant American Brands LLC DBA Big Ben Medical . a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only made public with your permission. American Brands LLC DBA Big Ben Medical . does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.
Automatic Renewal. Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your Big Ben Medical services subscription will automatically renew at the end of each billing cycle until you cancel your Big Ben Medical services subscription by emailing the Big Ben Medical Support Team at support@BigBenMedical.com. When you cancel, your account will remain active through the end of your current billing cycle.
Credit card details. If you have elected to pay the fees for a American Brands LLC DBA Big Ben Medical . subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, Big Ben Medical may suspend or cancel your Big Ben Medical subscription.
Cancellation. Paid plans are subscriptions that auto-renew by default. You can cancel auto-renew at any time to cancel your subscription. To cancel your Big Ben Medical subscription at any time by emailing the Big Ben Medical Support Team at support@BigBenMedical.com.. You can also delete your account entirely by requesting to “Delete My Account” on your support request sent to us by email. Canceling auto-renew prevents your payment method from being charged at your next billing date, or if you pay by invoice, prevents your next invoice from being issued. Your current subscription (the time you already paid for) isn’t affected, so you’ll continue to be able to access and benefit from paid features until your next billing date.
Access to data after cancelation: you will be granted access to your data as long as you subscription plan is active, a 14 day grace period will be granted to you after your subscription has ended, to collect all of your data, after that Big Ben Medical reserve the right to remove all of you data from its servers or its third party vendors servers.
7 Day Money Back Policy. If for any reason you decide to cancel your account within 7 days of your payment, you will be issued a refund for the full amount. If you purchased your Big Ben Medical subscription through the Big Ben Medical website please email the Big Ben Medical Support Team (support@BigBenMedical.com) to request your refund.
Scams. You agree that you will not use the Big Ben Medical services or any form(s) you create using the Big Ben Medical services for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a Big Ben Medical form as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.
Spam. You agree that Big Ben Medical. may terminate your Big Ben Medical services immediately if a form created by you or by Big Ben Medical for you, is found to be used inside an unsolicited email.
Phishing. You agree that American Brands LLC DBA Big Ben Medical . may terminate your Big Ben Medical services immediately if a form’s purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.
Collecting Sensitive Information. You may not use the Big Ben Medical services to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers or driver’s license numbers, but you are required to use best security practices of American Brands LLC DBA Big Ben Medical . including SSL and Encrypted Forms features. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.
European Data Collection. Currently we only offer our services in the United States of America, collect personal data in Europe, is not permissible.
Additional information for California residents. With regard to the California Consumer Privacy Act of 2018, American Brands LLC DBA Big Ben Medical . does not sell or share or make available your form data without your express permission. Although we do not sell or share your personal information, if you would like to opt-out from us ever doing so, please submit a written request to our Support@bigbenmedical.com
Copyright Infringement. American Brands LLC DBA Big Ben Medical . has a policy of disabling access to any Submission that violates copyright law, suspending access to the Big Ben Medical services to any user who uses the Big Ben Medical services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Big Ben Medical services in violation of copyright law.
Trademarks. Big Ben Medical is a trademark of American Brands LLC DBA Big Ben Medical . The Big Ben Medical logo is a trademark of American Brands LLC DBA Big Ben Medical . You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with Big Ben Medical. You agree not to display or use, in any manner, any of the Trademarks or copyrighted material without the prior written consent of American Brands LLC DBA Big Ben Medical . All other third party trademarks, service marks, logos and trade names appearing on any services which are part of the Big Ben Medical services are the property of their respective owners. No transfer or grant of any rights under any Trademarks is made or is to be implied by any provision of this Agreement or by any other provision contained in the Big Ben Medical services, and all rights in such Trademarks is reserved by American Brands LLC DBA Big Ben Medical . or respective holders.
Payments. Big Ben Medical offers payments through third-party payment processors. By accepting this agreement with Big Ben Medical, you indicate that you have reviewed the Terms of Service and Privacy Policy of the payment processor for the country in which you are located and agree to both.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Big Ben Medical services. We may add to the fees at the then applicable rates.
Termination. You agree that American Brands LLC DBA Big Ben Medical . may terminate your Big Ben Medical services membership or suspend your access to all or part of the Big Ben Medical services, without notice, if American Brands LLC DBA Big Ben Medical . determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that American Brands LLC DBA Big Ben Medical . shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the Big Ben Medical services. You may discontinue your participation in and access to the Big Ben Medical services at any time.
Upon termination of this Agreement, for any reason, you agree to cease all use of the Big Ben Medical services. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Forms and Form Submission Data.
Modifications To Terms. American Brands LLC DBA Big Ben Medical . may, in its sole and absolute discretion, change these Terms from time to time. American Brands LLC DBA Big Ben Medical . will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Big Ben Medical services. Continued use of the Big Ben Medical services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To Big Ben Medical services. Prices of all Big Ben Medical servicess, including but not limited to subscription plan fees to the Big Ben Medical services. American Brands LLC DBA Big Ben Medical . reserves the right to modify or discontinue the Big Ben Medical services with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the Big Ben Medical website or the Big Ben Medical services itself.
American Brands LLC DBA Big Ben Medical . shall not be liable to you or any third party should Big Ben Medical exercise its right to modify or discontinue the Big Ben Medical services.
American Brands LLC DBA Big Ben Medical . shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as mentioned under Termination section.
American Brands LLC DBA Big Ben Medical . shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.
Email Communications. By giving your email address to American Brands LLC DBA Big Ben Medical . you agree to receive administrative, announcements, newsletters, sales, and marketing emails from American Brands LLC DBA Big Ben Medical . You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
Links. American Brands LLC DBA Big Ben Medical . provision of a link to any other website or Internet resource is for your convenience only and does not signify American Brands LLC DBA Big Ben Medical . endorsement of such other web site or resource or its contents. American Brands LLC DBA Big Ben Medical . shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.
American Brands LLC DBA Big Ben Medical . is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, American Brands LLC DBA Big Ben Medical . provides links to resources. American Brands LLC DBA Big Ben Medical . makes no representations as to the quality, suitability, functionality or legality of any websites to which American Brands LLC DBA Big Ben Medical . may provide links, and you hereby waives any claim you or the User may have against American Brands LLC DBA Big Ben Medical . with respect to any such websites. Unless you have a written agreement or a specific consent in effect with American Brands LLC DBA Big Ben Medical . which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that American Brands LLC DBA Big Ben Medical . is affiliated with any person or entity, or that American Brands LLC DBA Big Ben Medical . otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the American Brands LLC DBA Big Ben Medical . name and Trademarks; (c) all links to the Websites must “point” to the URL “www.BigBenMedical.com” and not to other pages within the Website unless Granted permission related to a Big Ben medical Service like Formmozo or else.; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking website, or any other website.
Without limiting any of the above, American Brands LLC DBA Big Ben Medical. reserves the right to revoke its consent to any link to the Big Ben Medical website, at any time in its sole discretion.
No Resale Of Big Ben Medical services. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which American Brands LLC DBA Big Ben Medical. agrees you retain all rights) of the Big Ben Medical services, use of the Big Ben Medical services, or access to the Big Ben Medical services.
Email Communication. When someone submits your forms, by default you’ll receive the results as an email notification. American Brands LLC DBA Big Ben Medical. goes to great lengths to ensure successful delivery of emails. We do not guarantee successful delivery of your email notifications. We recommend checking the Big Ben Medical site daily to make sure you did not miss any form submission notifications.
Form Availability. American Brands LLC DBA Big Ben Medical. makes no warranty that forms provided by Big Ben Medical services will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a form or unavailability of a form.
Disclaimer of Warranties. You understand and expressly agree that use of the Big Ben Medical services is at your sole risk. the Big Ben Medical services is provided on an “as is” and “as available” basis. American Brands LLC DBA Big Ben Medical. expressly disclaims all warranties of any kind, whether express or implied, with respect to the Big Ben Medical services (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). American Brands LLC DBA Big Ben Medical. makes no warranty that the Big Ben Medical services will meet your requirements, or that the Big Ben Medical services will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of Big Ben Medical is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from American Brands LLC DBA Big Ben Medical. or through the Big Ben Medical services shall create any warranty not expressly made herein.
Limitation of Liability. You understand and expressly agree that, to the extent permitted under applicable law, in no event will American Brands LLC DBA Big Ben Medical. or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Big Ben Medical services.
Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that American Brands LLC DBA Big Ben Medical. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of American Brands LLC DBA Big Ben Medical. liability shall be the minimum permitted under such applicable law.
Indemnification. You agree to indemnify, defend, and hold harmless American Brands LLC DBA Big Ben Medical., its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the Big Ben Medical services, (b) your (or anyone using your account’s) use of the Big Ben Medical services, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
Contracting Entity. For any Service provided by American Brands LLC DBA Big Ben Medical., references to “Big Ben Medical”, “we”, “us”, and “our” are references to American Brands LLC DBA Big Ben Medical ., located at 1420 Washington boulevard, suite 301, Detroit 48226, United States of America.
Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and Big Ben Medical with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Big Ben Medical with respect to the subject matter hereof. These Terms and the relationship between you and American Brands LLC DBA Big Ben Medical shall be governed by the laws of the State of Michigan as applied to agreements made, entered into, and performed entirely in Michigan by Michigan residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Big Ben Medical services shall be brought in the Federal or State courts located in michigan, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of American Brands LLC DBA Big Ben Medical. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of American Brands LLC DBA Big Ben Medical . and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Big Ben Medical servicess or these Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Big Ben Medical services.
Third Party Vendors. The User may order or use services through the Big Ben Medical services from third parties not affiliated with American Brands LLC DBA Big Ben Medical . ( ”Third Party Vendors”). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the Big Ben Medical services, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you.
All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. Big Ben Medical makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider American Brands LLC DBA Big Ben Medical ., nor will American Brands LLC DBA Big Ben Medical . be construed, as a party to, or a third party beneficiary of, such transactions, whether or not American Brands LLC DBA Big Ben Medical . may have received revenue or other remuneration in connection with the transaction. American Brands LLC DBA Big Ben Medical . will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.
Privacy Policy. By using Big Ben Medical services you indicate acceptance of these terms and agree to our Privacy Policy.
It is the policy of American Brands LLC DBA Big Ben Medical . to respect the privacy of all Users. Your use of the Big Ben Medical services as well as certain other information about you is subject to the terms and conditions of our Privacy Policy, which is incorporated into these Terms by reference.
Questions
If you have any questions about this terms of use, please feel free to contact us at support@bigbenmedical.com