BENELOGIC ENROLLMENT SYSTEM TERMS AND CONDITIONS OF USE
These Terms of Use constitute an agreement between You and Benelogic, LLC ("Benelogic") and governs Your access to and use of the Enrollment System and associated website. These Terms of Use do NOT affect the terms and conditions of, or Your duties under, Your employee group benefits and/or any policies of supplemental individual insurance You enrolled in using the Enrollment System. Please refer to those documents to determine Your rights and obligations thereunder.
BY ACCEPTING THESE TERMS OF USE, YOU CONSENT TO USE AND ACCEPT ELECTRONIC RECORDS VIA THE ENROLLMENT SYSTEM REGARDING YOUR EMPLOYER'S EMPLOYEE GROUP BENEFITS, AND INDIVIDUAL INSURANCE TO SUPPLEMENT SUCH GROUP INSURANCE BENEFITS, FOR YOU AND YOUR ELIGIBLE DEPENDENTS. YOU MUST PROMPTLY NOTIFY BENELOGIC IN WRITING IF YOU ELECT TO WITHDRAW YOUR CONSENT. WITHIN A REASONABLE TIME NOT TO EXCEED THIRTY (30) DAYS AFTER BENELOGIC'S RECEIPT OF YOUR WRITTEN WITHDRAWAL OF CONSENT, YOUR user id AND PASSWORD TO THE ENROLLMENT SYSTEM WILL BE TERMINATED, IF APPLICABLE; THIS WILL NOT AFFECT YOUR EXISTING EMPLOYEE GROUP BENEFITS OR ANY POLICIES OF SUPPLEMENTAL INDIVIDUAL INSURANCE YOU ENROLLED IN USING THE ENROLLMENT SYSTEM, IF ANY, AND WHICH WERE ISSUED TO YOU BY THE POLICY CARRIER. AT ANY TIME DURING YOUR USE OF THE ENROLLMENT SYSTEM, YOU MAY OBTAIN PAPER COPIES OF ANY ELECTRONIC RECORD DISPLAYED OR CREATED DURING YOUR USE OF THE ENROLLMENT SYSTEM BY PRINTING THE ELECTRONIC RECORD AS DISPLAYED ON THE COMPUTER SCREEN. AT ANY TIME DURING YOUR USE OF THE ENROLLMENT SYSTEM AND AFTER YOUR USE OF THE ENROLLMENT SYSTEM IS TERMINATED, YOU MAY OBTAIN BY MAIL PAPER COPIES OF ANY ELECTRONIC RECORDS DISPLAYED OR CREATED DURING YOUR USE OF THE ENROLLMENT SYSTEM BY SUBMITTING YOUR REQUEST IN WRITING TO BENELOGIC. YOUR WRITTEN REQUEST MUST CLEARLY IDENTIFY ALL RECORDS THAT YOU WISH TO OBTAIN AND PROVIDE YOUR ADDRESS FOR MAILING. YOU WILL BE INVOICED FOR ALL RELATED COSTS (E.G., COPYING AND MAILING), AND, UPON BENELOGIC'S RECEIPT OF PAYMENT FOR SUCH INVOICE, BENELOGIC WILL MAIL TO THE ADDRESS IDENTIFIED IN YOUR REQUEST ALL DOCUMENTS CLEARLY IDENTIFIED IN YOUR REQUEST THAT YOU ARE AUTHORIZED TO OBTAIN AND WHICH BENELOGIC HAS IN ITS POSSESSION, CUSTODY OR CONTROL. BENELOGIC STRONGLY ENCOURAGES YOU TO REGULARLY PRINT A PAPER COPY OF YOUR ELECTION OF EMPLOYEE GROUP BENEFITS AS WELL AS ALL SUPPLEMENTAL INSURANCE YOU ENROLLED IN USING THE ENROLLMENT SYSTEM, IF ANY, OR ELECTRONICALLY ARCHIVE SUCH COPIES.
I. Definitions.
"Carrier" means an employee group benefits insurance provider, Your employer if the employee group benefits plan is self-funded, and/or a provider of individual insurance to supplement Your employer's employee group benefits.
"Confidential Information" means: (i) the identity of all users of the Enrollment System, including and not limited to employees, employers, Sponsors and Carriers, and all other information which is contained in password protected areas of the Enrollment System; (ii) the terms, conditions and pricing of the employee group benefits programs of employers, Sponsors and Carriers; (iii) the terms, conditions and pricing of the supplemental individual insurance offered by Sponsors and Carriers; (iv) all user ids and passwords for accessing Personal Information through the Enrollment System; (v) all software associated with the Enrollment System and all information provided by Benelogic describing the features, basic use and operation of the Enrollment System; and (vi) information, other than trade secrets, that is of value to Benelogic and is treated as confidential. Confidential Information expressly does not include Personal Information. Benelogic's obligations regarding the protection of Personal Information are set forth in the privacy policy for the Enrollment System (the "Privacy Policy") which may be found posted on the Enrollment System.
"Enrollment System" means the electronic system and associated software owned and operated by Benelogic that allows You to view information regarding Your employer's employee group benefits program and may also allow You to enroll, administer and manage You and Your eligible dependents' employee group benefits and Your individual supplemental insurance.
"Personal Information" is defined in Item II of the Privacy Policy, such provision being incorporated herein by reference. "Sponsor" means the insurance broker (if any) with whom Your employer has executed a broker of record letter for the provision of employee group benefits.
"You" or "Your" means the individual (or the personal representative of such individual) who accesses the Enrollment System and/or uses the Enrollment System to enroll in his/her employer's employee group benefits program and/or complete an enrollment application for individual insurance to supplement his/her employer's employee group benefits.
II. Representations, Covenants and Warranties.
1. You are over the age of 18 or have the approval of Your employer and Your parent or guardian for each of the transactions You conduct using the Enrollment System; 2. You have read, understand and agree to these Terms of Use; 3. All information, including Personal Information, You supply to Benelogic is true, correct and complete; 4. You will access the Enrollment System and provide information to Benelogic with the bona fide intent to use or to evaluate the Enrollment System and not with an ulterior intent, such as to download portions of the Enrollment System, to compete with Benelogic or to provide information to a competitor of Benelogic; 5. In using the Enrollment System, You will comply with all applicable international, country, federal and state laws, rules and regulations; 6. You shall periodically confirm the accuracy and quality of data and reports resulting from use of the Enrollment System; and 7. If You are provided with a user id and password to log onto the Enrollment System, You (a) will keep Your user id and password confidential (even from Your dependents) and notify Benelogic within twenty-four (24) hours of any unauthorized disclosure or use of Your user id and password; and (b) to the extent You are negligent in maintaining the confidentiality of your user id and password, You will be responsible for all damages caused to the Enrollment System through the use of Your user id and password and You will be liable for all misuse of Your user id and password occurring before You notify Benelogic that the account has been compromised and Benelogic has reasonable time under the circumstances to terminate applicable access rights.
III. Your Confidentiality Obligations.
You agree and covenant:
1. Not to disclose Confidential Information to any person other than authorized employees of Your employer without first obtaining Benelogic's written consent; 2. To use Confidential Information solely for the purpose for which it is intended and for no other purpose; 3. To destroy all Confidential Information in Your possession, custody or control if You determine not to continue these Terms of Use with Benelogic or if these Terms of Use are terminated as to Your use of the Enrollment System, and, upon Benelogic's request, to certify under oath that You have destroyed such Confidential Information and You have not disclosed Confidential Information to any other person (including Your dependents) except as expressly permitted herein; and 4. To use at least the same effort You use to protect Your own confidential information (but not less than reasonable care), to prevent the unauthorized disclosure or use of Confidential Information.
IV. Exceptions to Your Confidentiality Obligations.
You may disclose Confidential Information without Benelogic's consent, but only to the extent such disclosure is required by law, rule, regulation or court order. In such event, You shall provide Benelogic at least five (5) business days prior written notice of such proposed disclosure. In all other cases, Your obligations of confidentiality set forth in the above Section III shall not apply with respect to a given portion of Confidential Information if You prove such portion: (i) was in the public domain at the time of its communication to You or entered the public domain through no fault of Yours; (ii) was in Your possession, free of any obligation of confidence, at the time of communication to You; (iii) is at any time rightfully communicated to You free of any obligation of confidence; or (iv) was developed by You independently of and without reference to any other Confidential Information.
V. Intellectual Property.
The Enrollment System is owned by Benelogic and its licensors and is protected by applicable copyright, trademark, trade secret and other laws. Your right to access and use the Enrollment System and Benelogic's intellectual property constitutes a license only, and Benelogic does not extend such license to any of Your dependents, regardless of whether such dependents may be covered under Your employer's group benefits. Except as may be reasonably required for You to use the Enrollment System for Your own personal or internal business purposes, You are not permitted to copy, redistribute, use or publish any portion of the Enrollment System. All trademarks, service marks, tradenames or other identifying marks displayed on the Enrollment System (the "Marks") are owned by Benelogic and/or Benelogic's respective licensors. Except as applicable law may otherwise provide, or except as agreed to in writing by Benelogic, Benelogic does not consent to any use of the Marks by any person and does not grant You any right to use the Marks displayed on the Enrollment System. Notwithstanding the above, Benelogic shall not have any ownership interest in any Personal Information that may be posted on or available through the Enrollment System.
VI. Misuse of the Enrollment System and Remedies.
You violate these Terms of Use when You make any use of the Enrollment System to: (i) infringe or misappropriate the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets and patents; (ii) violate others' privacy, publicity or other personal rights; (iii) advertise, transmit, store, post, display or otherwise make available pornography or obscene speech or material; (iv) transmit, display or post defamatory, harassing, abusive or threatening language; and/or (v) engage in activities, whether lawful or unlawful, that Benelogic determines in its sole and unfettered discretion to be harmful to other users of the Enrollment System, Enrollment System operations, or Benelogic's reputation, goodwill or customer relations. Benelogic does not validate, error check or otherwise confirm the truth or accuracy of information posted on the Enrollment System; or review, edit, censor or warrant the quality or accuracy of information that users may acquire from the Enrollment System. By making use of the Enrollment System, You agree not to sue or make any claim of any kind against Benelogic regarding information posted or available on the Enrollment System. When Benelogic becomes aware of harmful activities, in its sole and unfettered discretion Benelogic may take steps to stop the harmful activity, such as removing the offending materials, using screening software to block offending materials, denying the offender access to the Enrollment System, or any other action Benelogic deems appropriate. Benelogic is required to notify law enforcement when Benelogic becomes aware of the presence of child pornography on or transmitted through the Enrollment System; and to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. It is also Benelogic's policy to terminate users who commit repeat violations of copyright laws. All remedies are non-exclusive.
VII. Term and Termination.
Your right to use the Enrollment System is effective from the date you first access, or register for access to, the Enrollment System and, unless terminated as provided herein, shall continue until: (i) Your employer (or Sponsor) fails to timely make a payment for Your use of the Enrollment System; (ii) You or Your employer (or Sponsor) breach or default in performance of these Terms of Use or any other written agreement with Benelogic; (iii) the expiration of any evaluation period established for You by Benelogic; (iv) You elect to withdraw Your consent to the Privacy Policy or to use and accept electronic records via the Enrollment System; or (v) You timely object in writing to any subsequent modification of these Terms of Use by Benelogic. Upon any termination of these Terms of Use, You will immediately cease all use of the Enrollment System, and You shall remain liable for all transactions conducted by You using the Enrollment System prior to termination. Any termination of these Terms of Use between You and Benelogic will NOT terminate (a) Your employee group benefits, or (b) any policies of supplemental insurance You enrolled in using the Enrollment System and which were issued to You by the Carrier.
VIII. Access Codes and Passwords.
To access and use the Enrollment System and electronic records on the Enrollment System, You will need to use a supported browser and a reliable Internet connection. When You register to use the Enrollment System, You may be provided a user id and password to access information on the Enrollment System that is not generally available to the public. If You are provided such a user id and password, You agree that You will not disclose these codes or passwords by any means to anyone, and You will maintain such codes and passwords securely so that no other person may gain access to them.
IX. Acceptance of Terms of Use; Paper Data.
Use by You of the Enrollment System shall be deemed conclusive evidence of Your agreement to these Terms of Use. Benelogic is an online service provider. Therefore, although Benelogic allows enrollment and benefits management to be conducted in hardcopy, paper or method of submission other than in electronic format through the Enrollment System ("Paper Data"), Benelogic provides enrollment and benefit management services using Paper Data at an additional cost to Your employer or the Sponsor, and Benelogic's processing of Paper Data will suffer delays. BENELOGIC MAKES NO WARRANTY OR GUARANTEE AS TO THE TIMELINESS OF ITS RECEIPT OR PROCESSING OF PAPER DATA.
X. General Indemnity.
You agree to, and do hereby, hold harmless and agree to defend and indemnify Benelogic, its employees, agents and officers, from and against all liability for damages incurred by Benelogic in taking actions or omitting to take any action at Your direction or request. Additionally, each party shall indemnify and defend the other party, and its employees, directors, affiliates, and customers, against all third party claims (including claims of dependents) and all related costs and expenses, including legal fees, arising out of or related to any breach by the indemnifying party of these Terms of Use. The party seeking indemnification will promptly notify the indemnifying party of all claims subject to indemnification and will allow the indemnifying party to control, and will cooperate with the indemnifying party in, the defense of each claim and all settlement negotiations.
XI. Representations and Warranties.
Each party represents and warrants to the other that: (i) such party has the full right and authority to enter into, execute, deliver and perform its obligations under these Terms of Use; (ii) these Terms of Use constitute a legal, valid and binding obligation enforceable against such party in accordance with its terms; and (iii) the execution and performance of these Terms of Use is not restricted or limited by, and will not result in a breach of, any other obligations, duties, agreements or covenants and will not violate any applicable existing laws, regulations, rules, statutes or governmental orders.
XII. Limitations of Liability.
YOUR SOLE REMEDY IN THE EVENT OF A CLAIM AGAINST BENELOGIC FOR BREACH OF ANY REPRESENTATION OR WARRANTY OR THESE TERMS OF USE SHALL BE FOR BENELOGIC TO REPAIR, REPLACE OR OTHERWISE CORRECT THE ENROLLMENT SYSTEM. EXCEPT FOR THIRD PARTY CLAIMS INDEMNIFIED BY BENELOGIC, IN NO EVENT SHALL BENELOGIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR ASSOCIATED COMPANIES BE LIABLE TO YOU, OR TO ANY OF YOUR DEPENDENTS, BENEFICIARIES, PERSONAL REPRESENTATIVES OR ASSIGNS, UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, GOODWILL OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE ON THE WEBSITE, EVEN IF BENELOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. THE LIMITATIONS ABOVE SHALL NOT APPLY IF BENELOGIC IS PROVEN BY CLEAR AND CONVINCING EVIDENCE TO HAVE ENGAGED IN WILLFUL MISCONDUCT OR ACTED WITH GROSS NEGLIGENCE. NO LIABILITY SHALL ARISE FOR FAILURE TO PROVIDE THE ENROLLMENT SYSTEM IF DUE TO ANY CAUSE BEYOND BENELOGIC'S CONTROL.
XIII. Disclaimers.
WHILE EVERY EFFORT IS MADE TO REPORT ACCURATE AND TRUTHFUL INFORMATION, BENELOGIC AND ITS SUPPLIERS AND CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OTHER THAN THE EXPRESS WARRANTIES ABOVE, BENELOGIC MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, AND BENELOGIC EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY AGAINST INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING UNDER SUBTITLE 4 OF TITLE 22 OF THE MARYLAND ANNOTATED CODE COMMERCIAL LAW ARTICLE. THERE IS NO WARRANTY THAT ANY INFORMATION, EFFORTS OR ANY SOFTWARE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. BENELOGIC EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACCURACY AND QUALITY OF INFORMATION PROVIDED THROUGH OR ON THE ENROLLMENT SYSTEM AND FOR THE ACCURACY OF ANY RESULTS DUE TO BENELOGIC'S PROCESSING OF ANY SUCH INFORMATION. BENELOGIC MAKES NO GUARANTEE OR WARRANTY AS TO THE TIMELINESS OF (A) DELIVERY OF THE ENROLLMENT SYSTEM TO, OR (B) PROCESSING OF ANY INFORMATION OR DATA PROVIDED BY, YOU, YOUR EMPLOYER, CARRIER OR SPONSOR. THE WEBSITE RELATED TO THE ENROLLMENT SYSTEM MAY NOT BE ACCESSIBLE TO YOU AT ALL TIMES. NO LIABILITY SHALL ARISE FOR FAILURE TO PROVIDE THE ENROLLMENT SYSTEM IF (1) DUE TO ANY CAUSE BEYOND BENELOGIC'S CONTROL OR (2) ACCESS TO THE ENROLLMENT SYSTEM IS TIME-RESTRICTED BY YOUR EMPLOYER UNDER YOUR EMPLOYER'S AGREEMENT WITH BENELOGIC. TECHNICAL SUPPORT FOR THE ENROLLMENT SYSTEM AND OTHER STAFF SERVICES ARE PROVIDED ON A BEST-EFFORTS BASIS AND ARE NOT WARRANTED FREE OF ERROR.
XIV. No Reliance.
No employee of Benelogic or any third party (including and not limited to Sponsors, Carriers and Your employer) is authorized to warranty or guarantee any benefit to be derived from the Enrollment System or Benelogic's services, or from adoption of Benelogic's recommendations, and You hereby acknowledge that You have not relied on, nor will You rely on, any warranties or guarantees of benefit as an inducement to enter into these Terms of Use.
XV. Amendment.
From time to time, Benelogic may modify these Terms of Use. Such modifications shall be posted on the website related to the Enrollment System, and You agree to receive notices concerning these Terms of Use solely by notices posted on the website. Benelogic will use commercially reasonable efforts to notify You when You access the website if a modified Terms of Use has been posted. If You do not consent to the modified Terms of Use, You may give written notice of Your objection to Benelogic within thirty (30) days of receiving notice of the modifications, Your participation in the Enrollment System shall terminate, and Paragraph VI shall apply. If You do not so object, the modifications shall automatically become effective.
XVI. Privacy Policy.
The Privacy Policy for the Enrollment System is set forth on the Enrollment System and is adopted and incorporated herein by reference. The Terms of Use and the Privacy Policy are the legal documents governing Your use of the Enrollment System. Please thoroughly review the Privacy Policy in addition to these Terms of Use, prior to making any use of the Enrollment System.
XVII. Miscellaneous.
These Terms of Use shall be governed and construed by the laws of Maryland, exclusive of its conflicts of laws provisions. (The terms and conditions of Your employee group benefits and any supplemental individual insurance You enrolled in using the Enrollment System may be governed by other laws). Any controversy or claim arising out of or related to these Terms of Use, whether at common law or under statute, shall be settled exclusively by arbitration conducted in Baltimore, Maryland under the rules of the American Arbitration Association. If either party breaches these Terms of Use or the Privacy Policy, the party prevailing in any resulting arbitration or litigation between the parties shall be entitled to receive, and the arbitrator shall award, its reasonable attorneys' fees and costs. These Terms of Use and all documents referred to or referenced herein constitute the entire agreement between parties. Benelogic may assign its rights and responsibilities hereunder and under the Privacy Policy, in whole or in part, to any person or entity at any time. You may not assign these Terms of Use without the prior written consent of Benelogic. Other than the parties to this Agreement (and any permitted successors or assigns), there are no other intended beneficiaries of this Agreement and no such unintended beneficiary or third party shall have the right to sue on or enforce this Agreement. To the extent permitted by law, the parties agree that the Uniform Commercial Code - Article 2 Sales, the United Nations Convention on Contracts for the International Sale of Goods, and the Electronic Signatures in Global and National Commerce Act shall not apply in any respect to these Terms of Use. If any section of these Terms of Use is found to be invalid or unenforceable in any jurisdiction in which it is performed, then the meaning of that section will be interpreted, to the extent feasible, in a way that renders it enforceable. If no feasible interpretation is possible, the section will be severed from the rest of these Terms of Use and the rest of these Terms of Use will remain in full force and effect. You and Benelogic are independent contractors and not partners, not involved in a joint venture or otherwise affiliated. Except as expressly provided herein, neither party has any right or authority to assume or create any obligations of any kind or to make any representation or warranty on behalf of the other party or to bind the other party in any manner whatsoever.
XVIII. Questions and More Information.
If You have any questions regarding these Terms of Use or the matters addressed in it, You may contact Your employer or Benelogic. Benelogic may be reached care of: Compliance Director, Benelogic, LLC
Corporate Office Address:
9515 Deereco Rd. Suite 300
Timonium, MD 21093
Corporate Mailing Address:
PO Box 6395
Timonium, MD 21094-6395
443-322-2494 (phone)
443-322-2496 (fax)
compliance@benelogic.com (email)