Review our Privacy Statement to learn how your personal information will be managed, how Employee Benefits Now protects your personal information, and what your rights are.
These Terms of Service ("Terms") apply to your access to and use of Employee Benefits Now websites and online services (the "Services"). By using the Services, you agree to these Terms and our Privacy Statement. If you are accessing on behalf of a company or plan sponsor, you represent you are authorized to bind that entity, and "you" refers to that entity.
If these Terms conflict with any written plan documents, service agreements, business associate agreements, or statements of work you have with us, those written agreements govern the applicable relationship. These Terms govern only your use of the public websites and online services.
We may update these Terms from time to time. Material changes will be posted to this page with an updated Effective Date. Your continued use after changes constitutes acceptance.
The Services may contain links to third-party sites. Those sites are not under our control and we are not responsible for their content, security, or privacy practices. Access is at your own risk and subject to the third party’s terms.
You may not use the Services for any purpose that is unlawful or prohibited by these Terms, including interfering with security, attempting unauthorized access, or misusing information or materials made available through the Services.
Content on the Services is provided for general informational purposes only. It is not legal, tax, medical, or coverage advice, does not replace professional advice tailored to your situation, and does not guarantee eligibility, benefits, or coverage. Nothing on the Services creates an ERISA fiduciary duty beyond what is set forth in your written agreements and plan documents.
By using the Employee Benefits Now website or online services to access your account or conduct transactions, you agree that Employee Benefits Now may use multi-factor authentication to verify your identity. You are responsible for maintaining the security of your devices and credentials used for authentication.
By submitting information, elections, approvals, or other actions through the Services, you agree that such actions constitute your electronic signature and have the same force and effect as a signed writing, to the extent permitted by law. You consent to receive records electronically through the Services and the contact information you provide. You may need specific hardware or software to access and retain records; restricting electronic delivery may limit your ability to use certain Services.
We implement administrative, technical, and physical safeguards designed to protect the Services. No system is entirely secure; you are responsible for safeguarding your login credentials, using secure networks, and promptly notifying us of suspected unauthorized access.
If you enroll in alerts (email, text, or in-app), you consent to receive them at the contact details you provide. Message and data rates may apply. Alerts may be delayed or prevented by factors outside our control; we are not liable for delays or failures.
The Services may include communication channels (contact forms, messaging). You agree to use them only to send and receive content related to the Services. You must not defame, abuse, harass, stalk, threaten, or violate the legal rights of others, or upload unlawful, infringing, or harmful materials.
Except for information governed by our Privacy Statement or required under a plan/BAA, any feedback or materials you submit are considered non-confidential and non-proprietary. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and distribute such submissions in connection with operating and improving the Services.
THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMPLOYEE BENEFITS NOW, ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100) OR, IF YOU HAVE PAID FEES FOR THE SERVICES, THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, OR TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY; SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EMPLOYEE BENEFITS NOW FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
We may suspend or terminate your access to the Services at any time for any violation of these Terms or to protect the security, integrity, or availability of the Services. Upon termination, your right to use the Services will cease immediately.
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Venue for any dispute shall be in the state or federal courts located in Florida, and you consent to their jurisdiction. These Terms are the entire agreement regarding the Services and supersede prior or contemporaneous understandings on this subject. If any provision is held unenforceable, the remaining provisions remain in full force. Our failure to enforce any right is not a waiver.
We use cookies and similar technologies to operate and secure the Services and improve performance. See our Privacy Statement for details on cookies, controls, and choices.
All content and materials on the Services are protected by applicable copyright and trademark laws. Unauthorized use may violate intellectual property and other laws.
Employee Benefits Now and associated marks are the property of Employee Benefits Now or will be registered trademarks in the future. All other trademarks are the property of their respective owners.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide our designated agent with the following: (1) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner. Notices should be sent to [email protected]. To benefit from the DMCA safe harbor, you must also send notices to our designated agent address as listed in the U.S. Copyright Office public directory.
Effective Date: March 1, 2025