Terms of Use

WageWorks, Inc. provides the information and services on its website(s) under the following Terms and Conditions. By accessing and/or using this website, you are agreeing to be bound by the Terms and Conditions set forth below, all applicable laws and regulations, and you are responsible for compliance with any applicable local laws. If you do not agree with any of the Terms and Conditions contained herein, you are prohibited from using or otherwise accessing this website.

ELIGIBILITY: By registering to use the website, you represent that you are an authorized individual and that you have the legal ability to agree to these Terms and Conditions and will only use the website in accordance with these Terms and Conditions.

PASSWORDS: You are responsible for keeping your login credentials (e.g., username and password) confidential. We recommend you commit to memory or keep this information in a secure place. You are responsible for all activity conducted through use of your account and/or password. You agree to immediately notify WageWorks of any unauthorized use of your account or password.

SITE TERMS OF USE MODIFICATIONS: WageWorks reserves the right to revise these Terms and Conditions for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

USAGE DATA: WageWorks may measure each user’s usage of various features available through the WageWorks website. If so, WageWorks will share information related to your general usage of the various features with its affiliates and WageWorks and its affiliates may use this information consistent with the WageWorks privacy policy.

WAIVER, RELEASE AND LIMITATION OF LIABILITY: You agree that neither WageWorks, nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants, or information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of the website. You hereby release and forever waive any and all claims you may have against WageWorks, its affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers and suppliers for losses or damages you sustain in connection with your use of the website. All damages, direct or indirect, special, incidental, consequential or punitive arising from or related to any use of the information or other parts of the website, are hereby excluded even if WageWorks, its affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. This limitation is void where prohibited by law.

LINKS TO THIRD-PARTY WEBSITES: The website may contain links to third-party websites. The links are provided solely as a convenience to you and not as an endorsement by WageWorks of the content on such third-party websites. WageWorks does not control or guarantee the accuracy or integrity of the content located on any such third-party websites. WageWorks is not responsible and assumes no liability for the information, content or software of such third-party websites and does not make any representations regarding the content, quality, safety or accuracy of materials on any such third-party websites. If you decide to access third- party websites, you do so at your own risk.

In consideration of being allowed to use the public areas of the website, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a public area for any purpose in violation of local, state, federal, or international
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, as determined by WageWorks in its sole
  4. Posting advertisements or solicitations for business, or other unsolicited
  5. Impersonating another person;
  6. Distributing viruses or other harmful computer code;
  7. Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent, for posting or viewing comments;
  8. Allowing any other person or entity to use your identification number for posting or viewing comments or for any other purpose;
  9. Posting the same note more than once or “spamming”; or
  10. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area of the website, or which, in the sole discretion of WageWorks, exposes WageWorks or any of its customers or suppliers to any liability or detriment of any

WageWorks reserves the right (but is not obligated) to do any or all of the following:

  1. Investigate an allegation that a communication(s) does not conform to the terms of these Terms and Conditions and determine in its sole discretion to remove or request the removal of the communication(s).
  2. Remove communications, which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and
  3. Terminate a user’s access to any or all public areas of the website or the website itself upon any breach of these Terms and
  4. Monitor, edit, or disclose any communication in the public
  5. Edit or delete any communication(s) posted on the website, regardless of whether such communication(s) violate these Terms and

INTELLECTUAL PROPERTY: User acknowledges that WageWorks (or its licensors) owns all right, title and interest in and to the website and all WageWorks content available via the website, including, without limitation, all Intellectual Property Rights (as defined below). User agrees to not remove, obscure, or alter any copyright, trademark, or other proprietary rights notice affixed to, contained within, or accessed in conjunction with or through the website. User further agrees not to modify, adapt, translate, prepare derivative works from, transmit, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any portion of the website.

“Intellectual Property Rights” means (i) all patents, patent applications, and certificates of invention, and all continuations, continuations in part, extensions, renewals, divisions, re-issues and re-examinations relating thereto; (ii) all moral rights and copyrights in any work of authorship or other work recognized by foreign or domestic law, by statute or at common law or otherwise, including all copyright registrations and applications therefor, together with any renewal or extension thereof and all rights deriving therefrom; (iii) all, whether registered or unregistered, trademarks, service marks, trade names and trade dress, and all goodwill relating thereto; (iv) all rights in all trade secrets, know-how, and confidential information; and (v) other intellectual property rights protectable under any laws or international conventions throughout the world.