SHOWBenefits^®

Because we care about your privacy, we make every reasonable effort to protect your information regardless of the form of storage or transmission. This includes the implementation of administrative, physical and technical safeguards. All employees, agents or representatives that act on our behalf are contractually obligated to keep all information deserving legal protection confidential and private. We continue to safeguard your information after you no longer do business with or close your account with us.

We may receive your information through our website, account creation, email notifications, or other interactions with the Services. When using any of the Services you consent to the collection, transfer, manipulation, storage, disclosure or other uses of your information as described in this Privacy Policy.

Types of Information Collected
To enhance your user experience and improve the Services, we collect information about you from three sources:

• information you affirmatively give to us
• information automatically collected when you use the Services and
• information your employer provides

Third parties involved administration, sales, marketing, legal, system administration, technical service providers, mail carriers, hosting providers, IT companies, and communications agencies may also collect your information in connection with your use of the Services unless a user refuses to consent to the disclosure of information to third parties.

Information You Affirmatively Give Us
In using the Services, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you, and information about your use of and activities on our website that may be connected with you (“Personal Information”). Personal Information that we collect may include, but is not limited to, your first and last name, email address, birth date, billing information, username, password, telephone number, names of your dependents, and zip code.

Personal Information may also include information you supply to us concerning your preferences, geographic location, and other interests expressed in the course of your use of the Services, as well as certain representations and warranties that you are required to make while using the Services. You are responsible for any personal data of third parties obtained, published or shared through this Site and confirm that you have the third party’s consent to provide the data to Competitive Health.

Information Automatically Collected
We also collect information about your visit from the browser on your computer or mobile device including but not limited to the time and date you access the Services, your geographic location, IP address, device information, cookies and the pages you request — to analyze trends, administer the site, track your navigation of the site, deliver relevant advertisements and gather broad demographic information for aggregate use (note that IP addresses are not linked to “personally identifiable information”).

Additionally, we collect aggregate information from multiple users without personally identifying individuals, such as geographic region, which we may share with our business partners — to improve understanding of customer needs and provide relevant services.

Information Your Employer Provides
If you have SHOWBenefits as part of your employee benefits program, we have received information about you from your employer. Personal Information that we collect may include, but is not limited to, your first and last name, email address, birth date, telephone number, and zip code. By using the Services, you are giving us permission to use and store such information consistent with this privacy policy.

This data will not be publicly displayed or revealed to other users:

• any payment information you provide
• your password details
• your phone number

We don’t give your personal information to any third-party services, except when it’s necessary to provide the Services (like when we partner with payment processors). When we share data with third-party services that support our delivery of the Services, we require that they protect your personal information to the same standards we do. We do reserve the right to disclose personal information when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect our legal rights.

We will use the information you provide to us for a variety of purposes, including to:

• enable us to provide you with and improve the Services;
• identify you when you sign in to your account;
• send you marketing communications we think you may find useful, including newsletters, marketing or promotional materials and other information on services and products offered by us or third parties but only in accordance with your email preferences;
• request ratings or reviews;
• enable us to contact you regarding any question or request you make through the Services;
• notify you of any changes to the SHOWBenefits or Competitive Health, Inc. policies; and
• use for other purposes that we may disclose to you when we request your information.

We use the information we obtain by technical means (such as the automatic recording performed by our servers or through cookies) for the above purposes and to monitor and analyze the use of the Services; for technical administration of the Services; to increase functionality and user-friendliness of the Services; to better tailor the Services to your needs, and to generate and derive useful data and information concerning the interests, characteristics, and use behavior of our users.

When you send information to the Services, you are granting us permission to use and take other actions regarding such information (as described in the Terms of Service), to provide the Services. We do not share, sell, rent or otherwise distribute this information to others, except as disclosed in this Privacy Policy. We may share your information with third parties outside of Competitive Health, under the following circumstances, if we:

• have your explicit consent to share the information;
• need to share your information to fulfill your Order;
• wish to contact you with information about services from our business partners;
• have a good faith belief that sharing or otherwise permitting access, disclosure, use or preservation of such information is reasonably necessary to comply with our legal obligations;
• believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud or potential threats against persons or property; or
• believe it is necessary to investigate potential violations of our Terms of Service, or to enforce those Terms of Service.

Personal Information
Subject to the paragraph that follows, if we have your express consent, we may share your personal information it collects with business partners and other third parties that are not affiliated with Competitive Health.
Under narrow circumstances, we may disclose your personal information without asking for your consent to protect the legal rights of Competitive Health or our affiliates, and each of their respective investors, directors, officers, employees, agents, and suppliers; to protect the safety and security of users of the Services or to enforce our Terms of Service; to protect against fraud or for risk management purposes; or to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required.
If you notify us that you believe your legal rights have been violated by Competitive Health or another user of the Services, we may provide the information you provide to us to others if we believe it is necessary to evaluate and respond to your complaint. For instance, if you submit a notice of copyright infringement to us, we may send a copy to the person or entity who uploaded, stored, or transmitted the material addressed by the communication.

Non-Personal Information and Aggregate Data
Competitive Health may share with third parties your non-personal information and related aggregated data. For example, we may share IP addresses or general demographic information of its users to provide anonymous aggregated data to business partners about the volume of use on the Services and the opportunities in which users are most interested. Because this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data.

You have the choice about whether to disclose your personal information or other information about yourself to Competitive Health. To modify or delete the personal information you have provided to us, please log in and update your profile. We may retain certain information as required by law or for necessary business purposes. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

As an individual member, you may cancel your account at any time. Employer clients can cancel based on their agreement. Please note that if you cancel your account, we may retain some information about you but will discontinue posting such information on the Services. Additionally, deleting your account will not delete any content that you have already posted on the Services.

On request, we will give you a copy of all the personal information about you that we hold. This information is subject to a fee not exceeding the prescribed fee permitted by law.

You may always direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with information or offers, or not to send you newsletters or promotional e-mails by:

1. Sending us an e-mail at: [email protected]
2. Contacting us by mail at:
   Competitive Health, Inc.
   237 A St, Suite # 78817
   San Diego, California
   92101-4003, US
3. Or by following the removal instructions in the communication that you receive (e.g., the unsubscribe link at the bottom of an email).

Your opt-out request will be processed within 30 days of the date on which we receive it. Of course, we will continue to have the right to email you concerning any matters pertaining to your account.

Regardless of your choices regarding promotional communications and updates regarding content, we may send you administrative messages, service announcements, terms, and conditions of your account, or other similar communications, without offering you the opportunity to opt-out of receiving them.

We want to communicate with you only if you want to hear from us. We give you the ability to opt-out of any marketing communications we send. We will send you emails relating to your personal transactions. You will also receive certain marketing email communications, in accordance with your preferences, and from which you may opt-out at any time. We may send you service-related announcements on rare occasions when it is necessary to do so.

If Competitive Health sells all or part of its business, makes a sale or transfer of assets, is otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, Competitive Health may transfer your personal information and non-personal information to one or more third parties as part of such transaction.

Competitive Health uses various technologies to collect usage information of the Services including:

Cookies
These are small data files that a website you visit may save on your hard drive that usually includes an anonymous unique identifier. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your e-mail address. The Services use cookies for user authentication, keeping track of your preferences, promotional campaigns that require user identification, keeping track of our audience size and traffic patterns, and in certain other cases. You can configure your browser to accept cookies, reject cookies or notify you when a cookie is being used. If you wish to opt-out of any of the Advertising Cookies (cookies that enable the Services to serve advertisements of products and services, including special offers) you may do so by visiting or sending us an e-mail at: [email protected]

Google Analytics
 We use Google Analytics to better understand how visitors interact with our site. This service provides non-personally identifiable data including but not limited to data on where visitors came from, what actions they took on our site and where visitors went when they left our site.

The Services may contain links to other sites. We are not responsible for the privacy policy or other practices employed by websites linked to, or from, our website nor the information or content contained therein. This privacy statement applies solely to information collected by our Services.

The Services are not directed to children under 18 years of age. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian. A parent or guardian may, however, create an account on behalf of a minor.

We do not knowingly collect personally identifiable information from children under 13 without parental consent. If we determine upon collection that a user is under this age, we will not use or maintain his or her personal information without the parent or guardian’s consent. If a parent or guardian learns his or her child has provided us with personal information, he or she should contact us at [email protected] (please include the child’s name, address, username, and e-mail address) If we learn a child under 18 has provided us with Personal Information without parental consent, we will delete such information from our files.

Our computer systems for the Services are currently governed by and operated in the United States, so your personal data will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. Competitive Health makes no representation that the Services are governed by or operated in accordance with the laws of any other nation. If you create an Account with the Services as a visitor from outside the United States, by using the Services, you agree to this Policy and you consent to the transfer of all such information to the United States, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Policy.

From time to time, we may change this Privacy Policy. To ensure that you are familiar with our most updated policies and practices, check the effective date indicated above of this Privacy Policy each time you use the Services. If we make any changes, we will notify you of such changes by posting the updated Privacy Policy on the Site. We may also send you an email alerting you of such changes. You will be bound by any such changes to the policy when you use the Services after those changes have been posted. If we make material revisions concern practices where we have represented we will obtain your consent to use or disclose your personal information, we will obtain your consent before taking any action inconsistent with those representations.

Member is defined as primary cardholder and dependents as defined under the Affordable Care Act.

Providers are subject to change without notice. Programs may vary in some states. Providers and locations may be removed from the network at any time.

The program may be canceled or modified at any time. You will receive notice if the program is canceled or materially modified. Listed or quoted prices are subject to change without notice.

By using the website www.myshowbenefits.com, including all the areas available through such website, (collectively, the “Site”), or signing up for the SHOWBenefits program and the related services (collectively, such services, including any new features and applications, together with the Site, the “Services”) offered by Competitive Health, Inc., a California corporation doing business as Competitive Health (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively “Competitive Health,” “we,” “us,” and/or “our”), in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you, the user (collectively “Members,” “Users,” or “you”), acknowledge and agree to these legally binding Terms of Service. You also agree to our Privacy Policy and all other operating rules, policies, and procedures that may be published on the Site or App by Competitive Health, which are incorporated by reference. Our Privacy Policy, which describes how we collect and use information from our Users, is available at www.competitivehealth.com/privacy-policy.

You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.

You represent and warrant to Competitive Health that:

• • all registration information you submit is accurate and truthful
  • you will maintain the accuracy of such information, and
  • have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party
  • will not violate any rights of Competitive Health, including intellectual property rights such as copyright or trademark rights; and
  • agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian. A parent or guardian may, however, create an account on behalf of a minor. Competitive Health reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided.

Competitive Health may, at its sole discretion, change these Terms from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the site or by email. It is your responsibility to check the Terms periodically for changes. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. Your continued use of the Services following the posting of any changes to the Terms of Service means you accept those new terms. Therefore, you should review these Terms prior to each use. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by Competitive Health. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

The Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion on another website of any link to the Services does not imply control of, endorsement by, or affiliation with Competitive Health. Your dealings with third parties through links to such third-party websites are solely between you and such third parties. You agree that Competitive Health will not be responsible or liable for any content, goods, or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third-party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Competitive Health expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.

Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Competitive Health shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

The Services contain features that enable various Third-party services (such as MDLIVE) to be integrated into your Competitive Health account. To access these features, you may be required to register for or log into such Third-party Services on their respective websites or provide information through the Services for us to do so. By enabling third party services within the Services, you are allowing Competitive Health to use your login information to access these third-party services for this purpose.

Through the Site, App, email, websites, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Service (collectively, “Users”) may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.

Our Content
Our content is protected in many ways, including copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based on our content.

You have a limited, revocable, non-exclusive, non-transferrable license to use the website and our content solely for legally permitted activities related to our Services as outlined in these Terms.

User Content
We, including third-party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. Competitive Health shall become the owner of any reviews, comments, suggestions, or other feedback regarding the Services posted to the Site or on Competitive Health’ social media pages (collectively, “Feedback”) and it may share with any of its affiliates. Competitive Health will not be required to treat any Feedback as confidential, and will not be liable for any Feedback posted on the Site or elsewhere. Without limitation, Competitive Health will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purposes whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Competitive Health, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.

To the extent that you decide to post any content (“User Content”), including Feedback, on the Services or on Competitive Health’ social media pages, you agree not to, and shall not permit any third party using your account to, post or transmit any unlawful, infringing, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, indecent, harmful, offensive, hateful or racially, ethnically or otherwise unlawful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, is tortious, violates any law or contract, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. Specifically, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Competitive Health all of the license rights granted herein. Competitive Health may refuse to accept or transmit User Content. Additionally, Competitive Health shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.

Other than Feedback, as between us and you, you agree that you own, or have obtained the right to post, all of the content and information that you post or share on the Site. By posting any User Content, you hereby grant us a royalty-free, fully paid up, perpetual, irrevocable, fully sub-licensable, license and right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit your User Content in any manner we see fit. We may use your User Content in any manner for any purpose, including to advertise and promote Competitive Health and the Services. We may exercise our rights anywhere in the world.

You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section; and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Competitive Health complies with the Digital Millennium Copyright Act (DMCA). Competitive Health will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Competitive Health’s Copyright Agent by email at [email protected] or by mail to Competitive Health, LLC, ATTN: Copyright, 6841 Virginia Parkway Suite 103 #377 McKinney, TX 75071. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site, sufficient for Competitive Health to locate the material; your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

In accordance with the Digital Millennium Copyright Act, Competitive Health has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Competitive Health also may terminate User accounts even based on a single infringement.

Your Use of the Services is at Your Sole Risk
The services and the materials contained herein are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in these terms, Competitive Health, Inc. and its affiliated companies and their respective officers, directors, employees and other representatives (collectively, “Competitive Health”) expressly disclaim all warranties of any kind pertaining to the services and the materials herein, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance. Competitive Health makes no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free or free of viruses or bugs, (iii) the results that may be obtained from the use of the services will be accurate or reliable, and (iv) any errors in or on the services will be corrected.

Any material, content, or information downloaded or otherwise obtained and/or used through the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, content or information. No advice or information, whether oral or written, obtained by you from Competitive Health, Inc. parties on or through the services shall create any warranty not expressly stated in these terms and conditions.

Electronic Communications Privacy Act Notice (18 usc §2701-2711): Competitive Health, Inc. makes no guaranty of confidentiality or privacy of any communication or information transmitted on the services or any website linked to the services. Competitive Health, Inc. will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Competitive Health, Inc.’s equipment, transmitted over networks accessed by the services, or otherwise connected with your use of the services.

Except as otherwise specifically provided, in no event shall Competitive Health, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. Dollars ($100.00).

Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. In these jurisdictions, Competitive Health’ liability will be limited to the greatest extent permitted by law.

It is Competitive Health’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that Competitive Health has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Competitive Health is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Competitive Health, you acknowledge and agree that you will first give Competitive Health an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to [email protected] or by mail to:

Competitive Health, Inc.
237 A St.
Suite # 78817
San Diego, California
92101-4003 US

You then agree to negotiate with Competitive Health in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Competitive Health receives your written description of it, you agree to the further dispute resolution provisions below.

Mutual Agreement to Arbitrate
You and Competitive Health agree that we will resolve any claim or controversy at law or equity that arises out of or relates to these terms or the services through binding individual arbitration rather than proceed in court. You agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arising out of your use of the Services and these Terms, shall be final and binding arbitration, except to the extent that either party has, in any manner infringed upon or violated or threatened to infringe upon or violate the rights of either party or any third-party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case both sides acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

Arbitration under these Terms of Service shall be conducted by the rules and procedures of the American Arbitration Association (the “AAA”). The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The party requesting relief may choose to resolve the dispute through binding non-appearance based arbitration in which the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions. The arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties.

Regardless of the size of the claim, you and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees and expenses. As a limited exception to the mutual agreement to arbitrate, you and we agree that either party may take claims to small claims court if the claims qualify for hearing by such court.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

The Terms are personal to you and are not assignable, transferable, or sub-licensable by you except with Competitive Health’s prior written consent. Any assignment in violation of this section shall be null and void. Competitive Health may assign, transfer, or delegate any of its rights and obligations hereunder without consent.

You agree to release, indemnify, and hold Competitive Health harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Use or your violation of any rights of another.

Under these Terms you are contracting with Competitive Health, Inc., a California corporation. Notice should be addressed to Competitive Health, Inc.:

Competitive Health, Inc.
237 A St
Suite # 78817
San Diego, California
92101-4003 US

For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other Competitive Health company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.

We may give notice by means of a general notice on the Site, App, electronic mail to your email address in your account, text message, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.

The Competitive Health and SHOWBenefits program is available for individual purchase in all states. Other state restrictions apply.

Competitive Health makes no representation that materials contained on the Services or products described or offered on or via the Site are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal and that you, and not Competitive Health, are responsible for compliance with applicable local laws.

Competitive Health reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.

Except for the Arbitration Agreement set forth under Dispute Resolution and Arbitration, which is governed by the Federal Arbitration Act, these Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of California  and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.

You agree that Competitive Health and its Services are deemed passive and do not give rise to personal jurisdiction over Competitive Health or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Orange County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

These Terms and other referenced material constitute the entire agreement between you and Competitive Health with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and Competitive Health with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected and shall be valid, legal and enforceable to the fullest extent permitted by law.

Sections 1, 3, 5, 7, 9, 10, 11, 12, 13, 16, 17, and 19 will survive any termination of these Terms.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Competitive Health, Take the headache out of healthcare (and more) . . . all in one easy-to-use card and Competitive Health graphics, logos, and designs are trademarks, service marks, registered trademarks, and/or registered service marks owned by Benefits Brainstorm, Inc.

All other trademarks, service marks, registered trademarks, and registered servicemarks including KARIS ADVOCACY, Competitive Health, and MDLIVE are the property of their respective owners.

There may be additional state specific rights and obligations relating to the provision of the Services. Such rights and obligations shall supersede any terms to the contrary otherwise contained in these Terms.

If you have any questions regarding these Terms, please contact us at [email protected] or by mail at:

Competitive Health, Inc.
237 A St
Suite # 78817
San Diego, California
92101-4003 US

By using this website and the product SHOWBenefits, I hereby acknowledge that I have read and understood these terms of service and privacy policy, and agree that my use of the Competitive Health services is an acknowledgment of my agreement to be bound by all of the terms and conditions of this agreement.