- The Benefitfocus Privacy Statement available on this website or provided to you in the documentation for the Benefitfocus Services you have selected.
- Additional conditions for the Services that you have selected, which may include those from your employer, insurance company, insurance broker or other third party administrator.
- Any terms provided separately to you for the Services, including for example, ordering and activation, implementation, and pricing and payment terms, if applicable, for the Services.
- Certain terms and conditions herein may be superseded as between Benefitfocus and the party that has arranged for your access to the Services. To the extent applicable, those terms shall be governed by those agreements and may supersede the terms contained herein.
- You agree that Benefitfocus is not acting as your agent or fiduciary in connection with your use of the software or any Services.
LICENSE GRANT AND RESTRICTIONS
- Provide access to or give any part of the Services to any third party.
- Modify, disrupt or interfere with the Services, supporting servers or networks either manually or through the use of scripts, viruses or worms.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- Attempt to access any other Benefitfocus systems that are not part of these Services.
- Excessively overload the Benefitfocus systems used to provide the Services.
- If you violate any of these terms, your right to use the Services automatically terminates.
YOUR PRIVACY AND PERSONAL INFORMATION
You can view Benefitfocus’ Privacy Statement on the website, or via a link on the website for the Services you have selected. You agree to be bound by the applicable Benefitfocus Privacy Statement, subject to change in accordance with its terms.
- You are responsible for your Content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Services. You grant Benefitfocus a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store or in any way distribute personal data that is not in accordance with the law. Any users suspected of having information which may be proscribed by law may have their accounts terminated, their data sequestered, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Other than as described herein, Benefitfocus is under no obligation to ratify or approve the type or quality of the Content or other data you submit on the website.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
- Except as otherwise expressly permitted by Benefitfocus, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication, or engage in spamming or flooding;
- Virus, trojan horse, worm, or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
- The Services may include a forum to post or exchange information with other users of the Services. Please use respect when you interact with other users. Benefitfocus does not support and is not responsible for the accuracy of Content from other users in these forums. Do not reveal information in the forum that you do not want to make public. Exercise your judgment in evaluating and acting on (or ignoring) Content posted in forums. Remember, due to the anonymous nature of the Internet, other users may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated.
- 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.
ADDITIONAL ITEMS YOU AGREE TO
- Benefitfocus does not give professional advice. Benefitfocus is not in the business of providing legal, financial, accounting, health care, insurance, benefit, retirement, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
- We may tell you about other Benefitfocus Services. When using the Services you may informed of other Services, features, products, applications, online communities, or promotions provided by Benefitfocus ("Additional Benefitfocus Services"). If you decide to use any of the Benefitfocus Services, additional terms and conditions and separate fees may apply.
- Communications choices. Benefitfocus may be required by law to send you communications about the Services. You agree that Benefitfocus may send these communications to you via e-mail or post them on one of our sponsored websites.
- You will track your passwords and accept updates to the Service. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Benefitfocus as soon as possible.
- Additionally, the Services may periodically be updated with tools, utilities, improvements, third party applications or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY AND INDEMNITY
- Indirect, special, incidental, punitive or consequential damages;
- 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 suppliers have been advised of the possibility of such damages.
You acknowledge that this website, the Services and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly.
HELP AND SUPPORT
Benefitfocus may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax 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.
USER ID AND PASSWORD SECURITY
You are the only person authorized to use your username and password and for maintaining the confidentiality of your username and password. You shall not permit or allow other persons to have access to or use your username and password, except if you choose to provide that information to Benefitfocus' authorized technical support personnel to assist you. You are responsible for the use of the Services under your username.
PRIVACY OF PERSONAL INFORMATION
- Benefitfocus does not retain your personal information except as necessary to provide services to you, or to Service your benefits with your applicable broker, insurer or employer as necessary, and as permitted by law. We may collect your personal information, solely to pass it along to the appropriate insurer, broker or employer as necessary. We do not otherwise collect your personal information except that which your benefit provider asks you to provide to us.
- 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 third party physical or electronic access to your computer.
Copyright © 2015. Benefitfocus.com, Inc. All rights reserved.