TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

This website (the “Website“) is owned, offered, and/or operated by the Via Benefits Companies (collectively, “Via Benefits“, “us” or “we“). The Via Benefits Companies include, but are not limited to, the following entities (each, a “Via Benefits Company“):

  • Acclaris, Inc.;
  • Extend Health, Inc.;
  • Willis Towers Watson (“WTW“); and
  • Any other entity linked to any Website that is owned or controlled by WTW.

These terms of use (“Terms of Use“) are an agreement between Via Benefits and users or visitors (“you“) to the Website, and govern your use of the Website regardless of how you access or use it, whether via computer, mobile device or otherwise. By accessing or using this Website, you signify your agreement to be bound by these Terms of Use, and you represent that you have the legal capacity to enter into the agreement set out in these Terms of Use. Any Personal Information collected as a result of your use of or access to this Website is governed by our Privacy Notice. If you do not agree to the Terms of Use or our Privacy Notice, please do not use this Website.

We may modify, revise or update the Terms of Use at any time by updating this posting. You agree that Via Benefits may provide notice to you of such updates by posting them on this Website. Your continued access and use of this Website constitutes your consent to be bound by these Terms of Use, as updated. Each time you use the Website, the version of the Terms of Use then posted will apply to that use, so you should check this page each time you use the Website.

Ownership; Intellectual Property Rights

The content of this Website (“Content“) is owned by Via Benefits, or is made available to you by Via Benefits under license from a third party. While Via Benefits is allowing you access to this Website, you acknowledge and agree that your use of that Content is governed by and protected under applicable copyright, trademark or other intellectual property laws. You also agree that the Content may not be, in whole or in part, copied, reproduced, or republished for commercial use or distribution, or modified, uploaded, or posted to other websites, without the prior consent of Via Benefits. Via Benefits does not grant any express or implied right to you to any of the Content of this Website under any existing or theoretical laws or legal theories relating to intellectual property including, without limitation, patent, copyright or trademark. Without limiting the above, the trademarks, logos and service marks (“Marks“) displayed on the Website are the property of Via Benefits, or of a third party which has provided Via Benefits with a license to use such Marks. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose without the express written consent of Via Benefits in each instance. Unauthorized use of the Website or the Content may violate applicable laws and Via Benefits reserves all rights to pursue any remedy it may choose.

Website Security Rules

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component to the Website, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing.” Violations of any system or network security may result in civil or criminal liability.

You are prohibited from posting or transmitting to or from Via Benefits any unlawful, threatening, libelous, defamatory, obscene, pornographic, false, misleading, or other materials that violate any law.

Via Benefits will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

Non-Solicitation Policy

In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials“). Via Benefits shall be free to use or copy all or a portion of any Unsolicited Ideas and Materials you post on the Website or send to us, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.

Links to Other Websites

Via Benefits may provide links or references to websites operated by third parties, including a Via Benefit Company. If you access or use these sites through such links or otherwise, you acknowledge that you will be immediately leaving Via Benefits’ Website. In visiting any third party websites, whether linked to this Website or otherwise, any consequences thereof will be at your own risk and you assume all responsibility in that regard. Via Benefits makes no warranty or representation regarding, and does not expressly or implicitly endorse, any linked website or any content in that website. No third party link on this Website implies that Via Benefits endorses, or is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol of the third party link or vice versa. You may not create hyperlinks from other websites to this Website, unless expressly permitted by Via Benefits in writing.

Disclaimers

Via Benefits makes no representation that the information contained in this Website or your access to it is appropriate for you. Via Benefits may, at any time, and without notice or liability, change, suspend, discontinue or even terminate any aspect, or the availability, of this Website or any feature thereof.

The information provided on this Website is derived from sources that Via Benefits believes are reliable. However, Via Benefits does not guarantee the accuracy of the information, nor do we assume any responsibility or liability whatsoever for reproducing it herein. The Content made available to you on this Website is for information purposes only. None of the Content of this Website is intended to provide you with any financial, accounting, tax or legal advice, and there is no guarantee that Content contained on this Website is current or the most current sources of information, financial or otherwise, about any of the Via Benefits Companies.

No Warranties / Limitation of Liability

THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS AND YOU ARE USING IT AT YOUR OWN RISK. VIA BENEFITS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE WEBSITE OR ITS CONTENTS INCLUDING, WITHOUT LIMITATION: ANY WARRANTIES AS TO THE OPERATION, AVAILABILITY OR STABILITY OF THIS WEBSITE; ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ITS CONTENTS; ANY WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS OF ANY SUCH INFORMATION OR CONTENT FOR ANY PARTICULAR PURPOSE; OR ANY WARRANTIES AS TO NON-INFRINGEMENT OF ANY RIGHTS, INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS AND INCLUDING THE TRANSMISSION OF ANY SUCH CONTENT FROM THE WEBSITE TO YOU. ANY IMPLIED WARRANTIES, WHETHER STATUTORY OR OTHERWISE, ON ANY SUCH MATTERS ARE HEREBY EXPRESSLY EXCLUDED TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAWS.

IN ACCESSING THIS WEBSITE OR ANY OTHER YOU ASSUME ALL RISK ASSOCIATED WITH ANY VIRUSES, WORMS, TROJAN HORSES AND OTHER DESTRUCTIVE ITEMS. YOU SHOULD TAKE ANY NECESSARY PRECAUTIONS BEFORE YOU ACCESS THIS WEBSITE IN RESPECT OF ANY SUCH POTENTIAL RISKS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL VIA BENEFITS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY KIND OF LOSS, DAMAGES (INCLUDING, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE) OR INJURY ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OR UNAVAILABILITY OF THIS WEBSITE, EVEN IF VIA BENEFITS OR SUCH PERSON OR ENTITY HAS BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH LOSS, DAMAGES OR INJURY.

Your sole and exclusive remedy is to discontinue using and accessing this Website.

Indemnity

To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Via Benefits Companies, individually and collectively, their employees, officers, directors, consultants, affiliates, subsidiaries, shareholders, related entities and agents from and against any claims, actions, suits, allegations, liabilities, injuries, losses or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) your access to or use of the Website, or that of any other person to whom you have provided access to your computer system, (b) your breach of the Terms of Use, including, but not limited to, any unauthorized use of any of the Website or Content, or (c) your violation of any intellectual property rights of Via Benefits or any third party. Via Benefits shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Privacy Notice, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Via Benefits of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Via Benefits to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Via Benefits with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: feedback@viabenefits.com.

Last updated: May 11, 2018

Via Benefits Accounts services are provided by Acclaris, Inc. Via Benefits Marketplace services for retirees are provided by Extend Health, Inc., and all insurance is offered through Extend Insurance Services, LLC. Note: Extend Insurance Services, LLC is changing its d/b/a from Towers Watson’s OneExchange to Via Benefits Insurance Services. Via Benefits Marketplace services for employees are provided by various entities including Towers Watson Delaware, Inc. and/or its corporate affiliates depending on your location and other factors. Additional information is available upon request.