TERMS AND CONDITIONS


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”). 

1.                  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

The 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. 

You 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 ADMINISTRATOR USERS

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.  

2.                  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.

3.                  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.

4.                  PRIVACY. Any 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 privacy policy located at: Privacy Policy

5.                   COPYRIGHTS AND 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.

6.                  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 basis.

7.                  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.

8.                  YOUR REPRESENTATIONS.  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.

9.                  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.

10.              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.

11.              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.

12.              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.

13.              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 Services.

14.              CHANGES TO 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.

15.              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.

16.              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: John Gevertz.

17.              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.

18.              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 USERSAs 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.