The Terms & Conditions (the “Agreement”) explains the terms by which you may use our online services, mobile services, website, software, and other services provided on or in connection with the services we provide (collectively the “Service”).
This Agreement applies to all visitors, users, and others who access the Service, whether on behalf of a company or on their own individual behalf, including but not limited to: (i) employers themselves; (ii) individuals purchasing insurance products or Insurance Services on behalf of their employers; (iii) individuals making benefits elections for themselves or their dependents, and (iv) individuals otherwise using any aspect of the Service (collectively, “Users”). VisaLex, LLC has different roles with respect to different types of Users and “you” as used in this Agreement will apply to the appropriate type of User under the circumstances.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Use of Our Service
This is a contract between you and VisaLex, LLC. You must read and agree to these terms before using the Service, and if you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with VisaLex, LLC, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
The products and services described on the Service are only available for persons in those jurisdictions in which they may legally be sold. Nothing on the Service shall be considered a solicitation to buy or an offer to sell anything to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful.
Any use of or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Any use of or access to the Service by anyone under 18 is permitted only with the express written permission of such individual’s legal guardian, and you represent and warrant that you have received such permission (if necessary). Individuals under 18 may use the Service solely for themselves and may not make use the Service on behalf of their employers or other employees. The Service is not designed for use by or in connection with anyone under the age of 18, and you accept all responsibility that may arise from your use of the Service in connection with any minors.
The Service is designed for use by employers and employees in the United States, except for those other countries expressly supported for the onboarding function as reflected in the Service. Other than for expressly supported international onboarding, you are not authorized to use the other features of the Service for employees not located in the United States.
B. License for VisaLex, LLC Service
Subject to the terms and conditions of this Agreement, VisaLex, LLC grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service solely as permitted by the features of the Service we provide to you on a User-by-User basis. We reserve all rights not expressly granted in the Service and the VisaLex, LLC Content (as defined below). We may terminate this license and your access to the Service at any time for any reason or no reason.
C. VisaLex, LLC Accounts
Your Zenefits account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a VisaLex, LLC account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify VisaLex, LLC immediately of any breach of security or unauthorized use of your account. VisaLex, LLC will not be liable for any losses caused by any unauthorized use of your account.
By providing your email address you consent to using the email address to send you Service-related notices, including any notices required by law, instead of postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers.
You also consent to the electronic disclosure of any and all employee benefits notices, including summary plan descriptions, COBRA notifications, enrollment information, and plan amendments by us to you. Further, you authorize us to receive employee benefits notices electronically on your behalf, and you agree to be notified of such employee benefit notices electronically. You are entitled to withdraw your consent to electronic disclosure at any time by contacting VisaLex Support at firstname.lastname@example.org. However, you acknowledge that if you withdraw such consent: (a) we cannot guarantee that you will be able to obtain such disclosures, whether in paper or electronic form; (b) you may be required to obtain paper copies of your employee benefit notices and insurance plan-related information directly from your insurance provider or employer; (c) the service provider may impose additional fees for providing paper copies to the extent permitted by applicable law; and (d) we may terminate your use of the Service in whole or in part.
In order to access or use certain aspects of the Service, we need your authorization to retrieve and manage information of yours maintained by certain third-party institutions, such as payroll and health insurance companies with which you have customer relationships, manage accounts, or engage in transactions. Further, in order for us to provide those aspects of the Service, you must provide us with all relevant information, signatures, data, passwords, usernames, PINs, and other information, materials, and content necessary for us to provide the Service to you. Collectively, the information described in this paragraph is “Account Information.”
You represent and warrant that the Account Information you provide us is accurate and complete, and that you are authorized to submit it to us without any obligations on VisaLex, LLC, including but not limited to the payment of fees. We have no liability or other responsibility for inaccuracy or incompleteness, or your inability to use the Service due to such inaccuracy or incompleteness. You are responsible for the consequences of any instructions you provide us and that we follow.
In order to connect the Service with any third-party service, you designate VisaLex, LLC as your agent and attorney-in-fact in connection with such services and further authorize us to: (i) store your Account Information; (ii) access the relevant service using the Account Information you provide us; (iii) use any signatures or other materials you provide us in order to provide you the Service; (iv) gather and export from such service any data or other information reasonably necessary for us to provide the Service to you; and (v) otherwise take any action in connection with such service as reasonably necessary for us to provide the Service to you, including but not limited to opening accounts on your behalf at third-party institutions and make changes on your behalf with such third-party institutions and services in order to manage your benefits programs. You agree that those third-party service providers are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. While the Service may be endorsed by the third-parties with whom your Account Information is held from time to time, you should not assume that we are working directly with the third-party or that the third-party has sponsored or endorsed the Service or VisaLex, LLC interaction with the third-party’s services at your direction.
E. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the Service in a manner that sends more request messages to the VisaLex, LLC servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that VisaLex, LLC grants the operators of public search engines revocable permission to use spiders to copy publically available materials from VisaLex.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that may impose an unreasonable or disproportionately large load on our infrastructure, as determined by VisaLex, LLC; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service.