Terms of Service

 

TERMS OF SERVICE FOR BENEFITFOCUS BENEFITPLACE™

Thank you for selecting BENEFITFOCUS BENEFITPLACE™ offered by Benefitfocus.com, Inc. (Benefitfocus.com, Inc. referred to as "Benefitfocus", "we", "our", or "us") and our subsidiaries and affiliates. Review these Terms of Service ("Agreement") thoroughly. These Terms of Service is a legal agreement between you and us. By clicking “I Agree,” indicating acceptance electronically, or by, installing (such as the mobile app), accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.

 

SECTION A GENERAL TERMS

  1. AGREEMENT

To use the Services, you must be at least eighteen (18) years of age; and register for and use the Services in compliance with all applicable laws and regulations. This Agreement describes the terms governing your use of the Benefitfocus online services provided to you by us and our subsidiary – BenefitStore, Inc., including Content (defined below), updates and new releases (collectively, the “Services”). This Agreement includes by reference:

  • Benefitfocus’ Privacy Statement. Click here.
  • Additional terms and conditions contained herein,
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc., which may include those from third parties.

YOUR RIGHTS TO USE THE SERVICES

 2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Benefitfocus.  Benefitfocus reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Benefitfocus grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

2.2.1 Provide access to or give any part of the Services to any third party.

2.2.2 Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.

2.2.3 Decompile, disassemble, or reverse engineer the Services.

2.2.4 Make the Services available on any file-sharing or application hosting service.

2.2.5 Use or distribute any virus, Trojan horse, worm or other disruptive or harmful software or data.

2.2.6  You agree that Benefitfocus is not acting as your agent or fiduciary in connection with your use of the Software or any Services, except and limited only to the extent and those situations where BenefitStore may otherwise enter into a separate agreement with you to act as your broker.

 

3. Fees and Charges.

3.1. You may choose to purchase products or services from us while using the Services, which may result in charges and fees to you. We will inform you in advance of any such charge or fee. By submitting payment information for an accepted method of payment (“Payment Method”) through the Services, you authorize us to charge you these agreed-upon amounts, as well as any applicable taxes to your Payment Method. You will not be entitled to any refund of charges, fees, or taxes except as expressly provided herein, or as required under applicable law. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

3.2 You may choose to use a credit card, debit card as a Payment Method to pay for charges, fees, and taxes in connection with our Services. Should you choose to do so, you warrant that you are authorized to use such credit or debit card for this purpose. Should you use a credit or debit card without authorization, in whole or in part, you will remain responsible for any outstanding balance, and we may alert the appropriate authorities of your misuse.

3.3 You may edit your Payment Method information by logging in online or calling our customer support. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not log in or call to edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts, (including any charges imposed by your bank or credit card issuer) and authorize us to continue billing the Payment Method, as it may be updated.  We reserve the right to retry payment on your payment device on file until the amount owed is settled or you cancel your account

3.4.If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

3.5 You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to changing or adding products or services, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. We will automatically bill your Payment Method each month on the calendar day corresponding to the date of your first payment. We reserve the right to change the timing of our billing, as indicated below, if your Payment Method has not successfully settled. In the event your first payment occurred on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if your first payment was on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. We may authorize your Payment Method in anticipation of product or service-related charges. As used in the Terms of Service, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle. You further agree and consent to continued continuing debit the same payment instrument upon renewal or similar even, if applicable.

3.6 Additional cancellation or renewal terms may be provided to you by other third-party service providers and insurers.

3.7 Benefitfocus and its partner and subsidiary brokerages – including its’ wholly owned subsidiary – BenefitStore, Inc., as well as third party consultants, including but not limited to, risk management, underwriting, benefit design and other consultants may directly or indirectly receive commissions, fees, or interest as compensation for their services or products, or for holding capital.

 

  1. HELP AND SUPPORT. Benefitfocus may use a variety of methods (e.g., in-product, widgets, Internet, remote access, online community, chat, e-mail, video, and phone) to provide technical support and customer service in connection with the Services.  The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Benefitfocus from time to time.

 

  1. USE WITH YOUR MOBILE DEVICE

5.1 Use of these Services may be available through a compatible mobile device, Internet access and may require software.  You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees (including message and data rates) as well as the terms of your agreement with your mobile device and telecommunications provider.

5.2 IN ADDITION TO THE WARRANTIES DISCLAIMED IN SECTION 9, BENEFITFOCUS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED REGARDING USE WITH YOUR MOBILE DEVICE AS TO: 

5.2.1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; NOR

5.2.2 ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; NOR

5.2.3 ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES. 

 

  1. YOUR PERSONAL INFORMATION

6.1 You can view Benefitfocus’ Privacy Statement provided with the Services and on the website for the Services located at benefitplace.com or Benefitfocus.com. You agree to the applicable Benefitfocus Privacy Statement and any changes published by Benefitfocus. You agree that Benefitfocus may use and maintain your data according to the Benefitfocus Privacy Statement, as part of the Services.  You may be offered other services, products, or promotions by Benefitfocus or other third parties. Additional terms and conditions and fees may apply. You may upload or enter data from your account(s) such as names, addresses and phone numbers, dependent or beneficiary information, purchases, etc., to the Internet for the benefit of the Services or third-party services providers.  You grant Benefitfocus permission to use any information about you, your business, your dependents your experience and any other information provided by or about you to help us to provide the Services (including other products and services you might be interested in as well as third-party products and services), to develop new products and services, and to enhance the Services.

6.2 Benefitfocus may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

6.3 The Services may include a feature that allows you to import, where applicable, certain information from participating institutions, payroll processors, personal financial software, and business financials. You are responsible for verifying the accuracy of the information that is imported.

6.4 The Services also may include functionality designed to read data from images (for example, W-2s, other tax forms, or credit cards used for payment) photographed using a mobile device. This functionality is limited to those forms or items that the Services can read. If the form or other item you photograph and submit through the Services is not supported, you may need to manually enter your data.

6.5 You may be offered the ability to import data from other sources in addition to those above. You may provide us with your authorization and information to allow us to obtain your data from third parties on your behalf to use the Services or any third-party service that you select. You represent that you have the necessary rights to grant us access to your accounts with third parties. Third parties are not affiliated with or endorsed or sponsored by us.

 

7. CONTENT AND USE OF THE SERVICES

7. 1 Responsibility for Content and Use of the Services. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services.  By making your Content available through your use of the Services, you grant Benefitfocus a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Benefitfocus is not responsible for any of your Content that you submit through the Services.

7. 2 You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:

7. 2.1 Content that is Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;

7.2.2.Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;

7.2.3 Except as permitted by Benefitfocus in writing, Content containing investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;

7.2.4 Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.

7.3 Restricted Use of the Services. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Benefitfocus or could subject Benefitfocus to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, vishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Benefitfocus’ opinion, is prohibited under this Agreement; (v) any other activity that places Benefitfocus in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Benefitfocus system or network or to breach Benefitfocus’ security or authentication measures, whether by passive or intrusive techniques.  Benefitfocus reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.

7.4 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Benefitfocus does not support and is not responsible for the Content in these community forums.  Please use respect when you interact with other users.  Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Benefitfocus is not responsible.

7.5 Benefitfocus may freely use feedback you provide. You agree that Benefitfocus may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Benefitfocus a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Benefitfocus in any way.

7.6 Benefitfocus may monitor Content. Benefitfocus may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Benefitfocus or its customers, or operate the Services properly. Benefitfocus, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

7.7 You acknowledge that we may make certain third-party software, services, and/or content available to you through the Services (“Third-Party Content”), which is subject to terms and conditions of the Third-Party Content provider. YOU ACKNOWLEDGE THAT THE THIRD-PARTY CONTENT IS NOT PART OF THE SERVICES AND THAT SUCH THIRD-PARTY CONTENT IS PROVIDED BY US “AS IS” WITHOUT LIABILITY OF ANY KIND WHATSOEVER.

 

8. ADDITIONAL TERMS

8.1 Benefitfocus does not give professional advice. Unless specifically included with the Services, Benefitfocus is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

8.2 Communications. Benefitfocus may be required by law to send you communications about the Services or third-party products or services. You agree that Benefitfocus may send these communications to you via email or by posting them on our websites.

8. 3 You will manage your contact information, communication preferences, passwords, security and accept updates

8.3.1 You are responsible for securely managing your password(s) for the Services and to contact Benefitfocus if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third-party applications, or general updates to improve the Services. You agree to receive these updates.

8.3.2 You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID. You must remember your user ID and password to electronically transfer your information into another service or to another employer.

8.3.3. You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting unauthorized third party physical or electronic access to your computer or computer files.

8.3.4. You may provide us with your telephone number and email address as part of your customer record or registration or via other method. You understand and agree that the Services may require multiple sources of information about you to confirm your identity and help ensure the security of your personal use of the Services, often referred to as “multi-factor authentication” (“MFA”). Part of the MFA identity authentication and verification process may involve Benefitfocus sending text message(s) containing security code(s) to your telephone number or email address. You agree to receive these text message(s) and/or emails from Benefitfocus containing security code(s) as part of the MFA process. In addition, you agree that Benefitfocus may send automated text messages, emails and pre-recorded voice messages to the telephone number you provide for certain limited purposes, including: verifying your identity, providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to Benefitfocus (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).

8.3.5. BENEFITFOCUS SHALL NOT BE LIABLE FOR ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON, TO THE EXTENT NOT CAUSED BY US.

 

9. DISCLAIMER OF WARRANTIES

9.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND THAT BENEFITFOCUS WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BENEFITFOCUS, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. BENEFITFOCUS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

9.2 BENEFITFOCUS, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

10. LIMITATION OF LIABILITY AND INDEMNITY. 

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF BENEFITFOCUS, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID US FORTHE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM (EXPRESSLY EXCLUDING ANY AMOUNTS PAID FOR THIRD PARTY SERVICES). SUBJECT TO APPLICABLE LAW, BENEFITFOCUS, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET BENEFITFOCUS SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF BENEFITFOCUS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF BENEFITFOCUS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

10.2 You agree to indemnify and hold Benefitfocus and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Benefitfocus reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Benefitfocus in the defense of any Claims.

  1. CHANGES. We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part.  It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
  2. TERMINATION We may, in our sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users,  raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Benefitfocus policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Benefitfocus’ interests or those of another user of the Services. Upon Benefitfocus’ notice that your use of the Services has been terminated, you must immediately stop using the Services and any outstanding payments will become due.  Termination of the Agreement does not terminate any obligations you may have incurred under any other agreement for insurance, products or services you purchased from us or any other third-party prior to termination. Any termination of this Agreement shall not affect our rights to any payments due under this Agreement. Benefitfocus may terminate a free account at any time. Upon termination, Benefitfocus reserves the right to delete/destroy all your records and information, consistent with applicable laws and our record retention standards. Sections 2.2 through 15 will survive and remain in effect even if the Agreement is terminated.
  3. EXPORT RESTRICTIONS. You acknowledge that the Services, its related website, online services, and other Benefitfocus Services, including the mobile application, delivered by Benefitfocus are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws.  You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws and regulations, directly or indirectly. 
  4. GOVERNING LAW. South Carolina state law governs this Agreement without regard to its conflict of laws provisions.

15. DISPUTES

15.1 ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. Additionally, under Consumer Arbitration Rule 9(b) either party may elect to take a claim to small claims court, even after filing an arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply South Carolina law to all other matters. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision, provided that the arbitrator shall be bound by the limitations of liability contained in these Terms of Use. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND BENEFITFOCUS AND EACH OF ITS AFFILIATES AND SUBSIDIARIES ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

15.2 To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Benefitfocus.com, Inc., in care of our registered agent Corporation Service Company, 1703 Laurel St., Columbia, South Carolina 29201. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Charleston County, SC or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 15.2 shall survive expiration, termination or rescission of this Agreement.

  1. GENERAL. This Agreement, including the Additional Terms below, is the entire agreement between you and Benefitfocus regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Benefitfocus. However, Benefitfocus may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Benefitfocus or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Benefitfocus via an email to: [email protected].
  2. WAIVER. The failure of Benefitfocus to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
  3. FORCE MAJEURE. Benefitfocus shall not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, pandemics, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
  4. CONTACT. You can contact Benefitfocus Inc. by mail at Benefitfocus.com, Inc. 100 Benefitfocus Way. Charleston, SC 29492 or by calling  (855) 866-0207, 8:00 am — 8:00 pm ET, Monday — Friday (excluding holidays) if you have a question or concern about any the Services.

 

April 2020

© 2020. Benefitfocus.com, Inc.

 

 

 

SECTION B. ADDITIONAL TERMS AND CONDITIONS FOR BROKER RELATED SERVICES PROVIDED BY BENEFITSTORE, INC. AND ITS BROKERS THROUGH THE BENEFITFOCUS SERVICES.

 

Your use of the Services is subject to the General Terms of Service above and include these Additional Terms and Conditions which govern your use of the Services which may be provided by BenefitStore, Inc.  These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.

 

1. BENEFITSTORE, INC. (HEREINAFTER REFERRED TO AS “BENEFITSTORE”) IS AN INSURANCE AGENCY LICENSED IN ALL 50 STATES. A LIST OF LICENSE NUMBERS AND ASSUMED NAMES IS LOCATED HERE. BENEFITSTORE MAY PROVIDE CERTAIN INSURANCE BROKER SERVICES AS PART OF THE SERVICES.

2. INSURANCE PROPOSAL, QUOTES AND APPLICATIONS.

2.1 BenefitStore acts as a broker that represents insurance companies to whom it will submit your insurance application and from whom it will procure quotes for your insurance coverage.

2.2 Benefitstore makes no representations, warranties, or guarantees with respect to quotes, terms, rates, coverage, or services offered to you by insurers or other third parties through the Services.

2.3 Benefitstore believes the content provided through the Services to be accurate, complete, and current. However, inadvertent technical or factual inaccuracies may arise and, therefore, Benefitstore does not warrant that its content is accurate, complete, and current. Content that Benefitstore provides through its Services is meant to assist you with insurance and financial decisions. However, such information merely constitutes a general description of insurance coverage potentially available. Any coverage brokered to you through Benefitstore for any insurance company or other third party is subject to that party’s terms, conditions, exclusions, and underwriting practices.

2.4 We do not investigate, guaranty or certify that such providers are appropriately licensed, certified, or otherwise qualified to offer these products and services. You agree that you are solely responsible to investigate these providers, and that you are solely responsible and liable for any decisions regarding the products or services they may provide you that may give rise to costs, damages, liabilities, fees, or fines.

2.5 Any coverage recommendations made by BenefitStore are based solely on a defined, limited set of information provided by you and are limited to the products and coverages that Benefitstore brokers or are otherwise available within the Services. You acknowledge and agree that such recommendations may omit coverage that may be necessary or advisable for you and such recommendations may differ from recommendations that you might receive were you to seek advice specific to your individual circumstances. BenefitStore suggests that you seek the consult of financial advisers, insurance agents, or other qualified professionals who may be fully aware of your individual circumstances and needs prior to making any financial or insurance purchasing decisions. You agree that you are relying solely on your judgment and that of your advisors in purchasing products or services through the Service or based on information provided by our Services.

2.6 You must submit a complete application to obtain coverage. Issuance of insurance coverage is dependent on underwriting approval; availability and coverages may vary by state. You must provide true and accurate information and you must verify information BenefitStore provides through the Services before relying on that information in whole or in part.

2.7 The insurance policy or other product or service you purchase from entities other than BenefitStore forms the exclusive contract between you and the insurer or other third party, and you agree to not rely on the general information or descriptions of coverage made available through the Services.

2.8 BenefitStore makes no guarantee that all users will be provided with such a quote, and that some of these services may only be available to United States residents and corporations or only available in a portion of states.

2.9 BenefitStore may submit an application on your behalf using your information to assist you in obtaining a benefit provided by a third party. You acknowledge that BenefitStore does not determine if you receive the benefit, and that you are solely responsible for meeting the third party’s requirements and complying with applicable laws and regulations.

3. ACCESS FOR THIRD PARTY SERVICES. To facilitate Third Party Services, Benefitfocus or BenefitStore may be required to obtain your explicit consent for disclosure and/or use of your information. By accepting these Third Party Services agreements and consents you authorize Benefitfocus and BenefitStore to use and disclose your information, including name and address, to the third party, for the purpose of making the Third Party Services you choose available to you. In order to receive or access third party services, you may need to provide us with identifying and account information, and other necessary login information (“Login Details”). You hereby represent that you have the authority to provide the Login Details to Benefitfocus and BenefitStore and you expressly appoint Benefitfocus and BenefitStore as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Services on your behalf. Third party’s terms and conditions are generally found on the third party’s website. Your participation in Third Party Services indicates your acceptance of such terms and conditions for such third-party services. If you sign up for a Third Party Service that requires access to your information on an ongoing basis and you subsequently want us to stop making your information available to such third party, you should discontinue use of the Third Party Services.  You should evaluate all third-party services based on your own assessment and review of their terms and conditions.

4. COMMISSIONS. BenefitStore, Benefitfocus and its partner brokerages, risk management, underwriting services, and other consultants may directly or indirectly receive commissions, fees, or interest as compensation for Benefitfocus Services, third party services or products, or for holding capital. Nevertheless, you acknowledge that we are not responsible for any fee arrangement or the terms of any agreement you may enter into with a provider of a product or service through our Services. You hereby release BenefitStore of any loss, cost, damages, or claim in connection with or arising from your use of a service or product, including any fees charged.

5. PREMIUMS AND OTHER PAYMENTS FOR THRD PARTY PRODUCTS AND SERVICES.

5.1 Your premium payment does not bind coverage until the insurance carrier approves your application. In the event that the insurance carrier does not approve your application, your premium payment will be refunded.

5.2 You may cancel your policy at any time by logging in online or calling customer support. If you cancel your policy, if we are the payment agent, we will stop your monthly payments and will not charge your Payment Method.

5.3 You agree that if you do not make a scheduled payment when due, this may result in the cancellation of your insurance policy or policies, or other products and services. To avoid cancellation of your policy or policies, please be sure to make your monthly insurance premium payments on time.

6. RECORD KEEPING. Benefitfocus and BenefitStore have no obligation to store your documents other than to the extent required by applicable law and regulation. You agree to hold Benefitfocus and BenefitStore harmless from any liability, including but not limited to, tax, penalties, interest and professional fees resulting from the disallowance of coverage or cancellation of products or services due to inadequate documentation.

7. FOREIGN REPORTING. The United States imposes reporting requirements with respect to foreign persons and foreign financial assets. Failure to comply with these reporting requirements may result in substantial civil and criminal penalties. You are responsible for informing us of all relevant information and we may determine that you are not eligible for the Services based on your situation or situs. You, and not Benefitfocus or BenefitStore, assume all liability for any penalties associated with foreign requirements or ineligibility based on your situs.

8. LIMITATION OF LIABILITY AND DAMAGES.

8.1 YOU UNDERSTAND THAT BENEFITFOCUS WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR DISALLOWED COVERAGE, ADDITIONAL PREMIUM OR ANY RESULTING PENALTIES OR INTEREST.

8.2 EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS CAUSED BY US, THE ENTIRE CUMULATIVE LIABILITY OF BENEFITFOCUS AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED AS SET FORTH IN THE GENERAL TERMS.

8.2 BENEFITFOCUS SHALL NOT BE LIABLE FOR LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR APPLICATION, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO BENEFITFOCUS, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON.

9. TERMINATION. Termination of the Agreement does not terminate any obligations you may have incurred under any other agreement for insurance, products or services you purchased prior to termination, whether purchased through us or a third-party provider.

 

April 2020

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