BY CLICKING ON I AGREE BELOW AND/OR BY ACCESSING OR
USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE
THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.*
If you do not agree to all of the Terms, you are not authorized to access or
otherwise use this site (the “Site”).
SITE OVERVIEW. This Site is available only to users that have a
registered Username and PIN and are employees or plan participants of the
employer indicated on the Site (the “Employer”). If you do not have a valid registered Username and PIN or are no
longer an employee of the Employer or plan participant in the Employer’s
benefit plan, you are not authorized to use or access this Site.
A. EMPLOYEE/PLAN PARTICIPANT USERS
Employer, through its agreement(s) with ADP, Inc. (“ADP”) is providing the
information and services on this Site under these terms and conditions
(“Terms”). On this Site, you will be
able to access certain information and documents relating to personal and
company information and benefits made available by the Employer and to
participate in certain services (the “Services”). These Services will permit you to view benefits information and make
various benefits elections through the Site and to view and update certain
personal and company information, in each case through the use of certain
software proprietary to ADP and its licensors (the “Software”). You acknowledge and agree that it is your
responsibility to submit instructions and information relating to the Services
and to verify the accuracy and completeness of all such instructions and
information. ADP does not review the
accuracy or completeness of the instructions or information you submit.
acknowledge and understand that ADP is merely making this Site available on
behalf of the Employer and is not acting as an investment advisor,
broker-dealer, insurance agent or intermediary or a financial or benefit
planner. ADP is not providing any
benefits or any information related thereto. The Employer is responsible for
making available all benefits and information related thereto referenced or
included on this Site.
B. HR and BENEFITS
On behalf of the Employer, you will be able to
access and input certain information relating to the benefits offered by the
Employer and the Employer’s employees/plan participants and their benefit
options and elections as well as view
and update certain personal and company information regarding company employees.
The information which you input may be used and relied upon by the
Employer’s employees/plan participants that participate in the Services. The Services permit employees/plan
participants of the Employer to make various benefits elections through the
Site and to view and update certain
personal and company information, in each case through the use of the
Software. As an authorized HR and benefits
administrator for the Employer, you acknowledge and agree, on behalf of the
Employer, that it is the Employer’s responsibility to submit instructions and
information relating to the Services and to verify the accuracy and
completeness of all such instructions and information submitted by the Employer
and the Employer’s employees and plan participants.
As an authorized HR and benefits administrator for
the Employer, you acknowledge and understand, on behalf of the Employer, that
ADP is merely making this Site available and is not acting as an investment
advisor, broker-dealer, insurance agent or intermediary or a financial or
benefit planner. ADP is not providing
any benefits or any information related thereto. As an authorized HR and benefits
administrator for the Employer, you acknowledge, on behalf of the Employer,
that the Employer is responsible for making available all benefits and
information related thereto referenced or included on this Site.
REGISTRATION AND PASSWORD FOR EMPLOYEES/PLAN
PARTICIPANTS OF EMPLOYER
In order to access
and use this Site, you must provide your current Username and Password. You will be required to change your Username
and Password upon your initial log-in.
Thereafter, if you would like to change your Password and your company
has granted you access, you may do so by accessing Employee Self Service and clicking
on the “Work” icon, followed by the “Password” button. You agree to take any
and all actions necessary to maintain the privacy of your Username and
Password, including, without limitation, safeguarding your Username and
Password in a private and secure place, adopting special precautions when
accessing the Site from a computer that is available for use by other users and
exiting from the Site at the end of each session. In the event that you have reason to believe that a third party
has access to your account, you should immediately choose a new Password by
following the above procedures and notify your HR and Benefits Administrator.
LAWS AND REGULATIONS. Access to and use of this Site (including
the Software and Services) is subject to all applicable international, federal,
state and local laws and regulations.
You agree to abide by these laws and not use the Site (including the
Software and Services) in any way that violates such laws or regulations.
personally identifiable information about an employee or plan participant of
the Employer that is provided by such employee or plan participant or the
Employer through the Site and is accessible by ADP is subject to the ADP
TRADEMARKS. The Software available on or
through this Site is the sole and exclusive property of ADP, or its licensors,
and is protected by copyright, trademark, and other intellectual property laws.
Users may not modify, copy, distribute, transmit, display, publish, sell,
license, create derivative works or otherwise use any Software available on or
through this Site for commercial or public purposes. Users may not use the
trademarks, logos and service marks ("Marks") found on the Site for
any purpose, including, but not limited to, use as "hot links" or
meta tags in other pages or sites on the World Wide Web, without the written
permission of ADP or such third party that may own the Mark. Please click here for a list of ADP Marks. Questions
concerning trademark ownership, usage, or infringement should be directed to Sharon
Hollis of ADP of North America, Inc. at Tina_salem@adp.com.
RIGHTS TO USE SOFTWARE. The
Software includes certain computer software which is copyrighted by ADP and/or
ADP’s licensors. You agree and
acknowledge that ADP and/or its licensors retain title to the Software and any
copies thereof. You are not purchasing
title to the Software or copies thereof.
Employees and Plan Participants of Employer have been granted access to
use the Software on a limited, revocable, non-exclusive, and non-transferable
USE OF SITE NOT TRANSFERABLE/ASSIGNABLE. The right to
use the Site (including the Software and Service) is personal to each
employee/plan participant user that is authorized to use the site and is not
transferable by such employee/plan participant by assignment, sublicense, or
any other method to any other person or entity. Any attempt by an employee/plan participant to transfer its
rights shall be void and shall constitute a breach of these Terms.
You represent, warrant and covenant
that: (a) you are authorized to access and use the Site; (b) all instructions
and information you enter into the Site related to the Services will be
accurate and complete; (c) you will verify and remain solely responsible for
all instructions and information entered into the Site related to the Services;
(d) you will not upload, transmit, distribute or otherwise publish through the
Site any materials that contain a virus, worm or other harmful component or
that would cause the Site to malfunction; and (e) you will not decompile,
reverse engineer, disassemble or unlawfully use or reproduce any of the
Software or other copyrighted or trademarked material, trade secrets or other
proprietary information contained in the Site.
LINKS TO THIRD PARTY SITES. The Site may contain links to
other Internet sites. Links to and from
the Site to other third party sites do not constitute an endorsement by ADP or
any of its subsidiaries or affiliates of such third party sites or the products
and/or services offered on such sites.
NO WARRANTIES. ADP AND ITS LICENSORS MAKE NO WARRANTIES
WHATSOEVER WITH RESPECT TO THE SITE (INCLUDING THE SOFTWARE AND SERVICES). YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE
(INCLUDING THE SOFTWARE AND SERVICES) IS AT YOUR OWN RISK. THE SITE (INCLUDING THE SOFTWARE AND
SERVICES) IS PROVIDED SOLELY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ADP AND ITS LICENSORS MAKE, AND YOU RECEIVE,
NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE. ADP AND ITS LICENSORS
EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. NEITHER ADP NOR ITS LICENSORS WARRANTS THAT
THE OPERATION OF THE SITE (INCLUDING THE SOFTWARE AND SERVICES) SHALL BE
UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MALICIOUS
CODE, ERROR FREE OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY
OTHER PRODUCT. ADP AND ITS LICENSORS
FURTHER DISCLAIM ANY WARRANTY THAT THE RESULTS OBTAINED THROUGH THE USE OF THE
SITE (INCLUDING THE SOFTWARE OR SERVICES) WILL MEET YOUR NEEDS.
THIRD PARTY SERVICES.
ADP DOES NOT ENDORSE, WARRANT, OR GUARANTEE
ANY PRODUCT, INFORMATION OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE,
AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY
USER OF THE SITE AND ANY SUCH THIRD-PARTY PROVIDER.
LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW,
UNDER NO CIRCUMSTANCES SHALL ADP OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES
SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL,
INDIRECT, SPECIAL, EXEMPLERY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, (I) LOSSES ARISING FROM THE FAILURE TO RECEIVE ANY BENEFITS, (II)
ANY TRADING LOSSES, (III) LOSSES ARISING FROM THE USE OR THE INABILITY TO USE
THE SITE (INCLUDING THE SOFTWARE AND/OR THE SERVICES), (IV) LOSSES ARISING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) LOSS
OF INFORMATION, PROGRAMS OR OTHER DATA THAT RESULT FROM ACCESS TO, USE OF, OR
INABILITY TO USE THE SITE (INCLUDING THE SOFTWARE AND/OR SERVICES) OR DUE TO
ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH
THE INTERNET. THIS LIMITATION OF
LIABILITY SHALL BE IN FULL FORCE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED
ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADP OR ITS
LICENSORS HAD PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION. This Site and/or access to
the Software and Services may be discontinued, temporarily or permanently, by
ADP at any time without notice to Employee/Plan Participant Users. ADP shall
not be liable to any employee or plan participant of Employer or to any third
party for any suspension or discontinuance of the Site, the Software or the
SERVICE AND TERMS. ADP is not responsible for
any technical inaccuracies or typographical errors which may be contained in
these Terms. ADP reserves the right to
changes these Terms in its sole discretion at any time without notice to
you. Any such changes to the Terms will
become effective immediately upon being posted on the Site. The Site and/or the Software and any
Services may be modified, temporarily or permanently, by ADP at any time
without notice to you. You agree that
ADP shall not be liable to you or to any third party for any modification of
the Site and/or the Software or the Services.
TRANSMISSIONS OF DATA.
You acknowledge that transmissions to
and from the Site could be read or intercepted by others. You acknowledge that
by submitting communications through the Site, no confidential, contractually
implied or other relationship is created between you and ADP other than
pursuant to these Terms.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to the Digital Millennium Copyright Act,
ADP has registered an agent with the U.S. Copyright Office. Notices of claimed
copyright infringement on the Site should be directed to: Automatic Data
Processing, Inc., One ADP Boulevard, MS 325, Roseland, NJ 07068-1728, Attn:
GOVERNING LAW. THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED
ACCORDING TO THE LAWS OF THE STATE OF NEW JERSEY, EXCLUDING ITS CONFLICTS OF
LAWS RULES, REGARDLESS OF WHERE ANY ACTION MAY BE BROUGHT. YOU AGREE TO SUBMIT TO THE EXCLUSIVE
JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF NEW JERSEY.
THIRD PARTY BENEFICIARIES. ADP’s licensors shall be considered
third party beneficiaries of these terms for purposes of Section 10 and 12.
19. CONTACT US. If you have any questions or comments about the Terms, please
contact your Benefits Administrator.
NOTE: BENEFITS ADMINISTRATOR USERS –As
an authorized benefits administrator for the Employer, your acceptance of these
Terms will serve to bind BOTH you and the Employer and in accepting such terms,
you represent that you are authorized to so bind the Employer. The portion of the Terms specifically
applicable to “Benefits Administrator Users” will be binding upon you in your
capacity as an authorized benefits administrator and on the EMPLOYER and the
terms specifically applicable to “Employee Users” or “Employees” will be
binding upon you as an EMPLOYEE, and not
upon your Employer. All other terms will be binding upon both
you and the Employer.