Navia Terms and Conditions

Changes, Revisions, and Updates to the Website

Navia may change, revise, or update the contents of the Website in Navia’s sole discretion without notice to you, where required by law, Navia will provide notice of material changes to these Terms. Your use of the Website after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms regularly.

By creating an account, submitting information, or otherwise enrolling or interacting with our website or services, you explicitly consent to the collection, processing, and storage of your personal data as described in our privacy policy and SMS Terms and Conditions. This consent allows Navia to process your data for purposes directly related to the contract provisions between Navia and your employer/former employer and improvement of our services.

You may provide or have access to your Personal Information (see our Privacy Notice for details) on the Website. Additionally, your employer may have access to or provide certain Personal Information related to the employer’s role as a plan sponsor of benefits. Navia may use or disclose Personal Information to carry out our legal and business obligations.

 

Changes to the Privacy Policy and Privacy Notice

Navia reserves the right to amend or revise the terms of our Privacy Policy and Privacy Notice at any time. Review our Privacy Policy and Privacy Notice.

The employer may also provide a Notice of Privacy Practices related to the benefit plan administered by Navia. This is different from our Privacy Policy; to obtain a copy of the employer’s Notice of Privacy Practices please contact the employer.

Our Privacy Policy and Privacy Notice covers our treatment of information that we gather when you are accessing or using our Website. This policy does not apply to the benefit plans we administer, the practices of our clients, or to individuals that we do not employ.

Permissible Uses of Website Materials

Reproduction, distribution, or retransmission by you of any materials contained on the Website is prohibited without the prior express written permission of Navia. You may download a copy of materials only for personal non-commercial use.

Screen Scraping

Navia prohibits any unauthorized use or recording of data from our Website in any manner, including but not limited to, automated programs, software, or any methods of screen scraping.

No Solicitation or Offer

The Site provides general information about Navia, its products, and services. Although proposals may be generated, information on the Site or dispatched from the Site is not intended to constitute an offer to sell or a solicitation of any product or service.

No Legal Advice

The information contained on the Website is for general informational purposes only and is not intended as legal advice or tax advice and may not be relied upon as legal or tax advice. If you need legal or tax advice upon which you may rely, you must seek the advice of your attorney or tax advisor. If this communication includes information regarding federal taxes the information is general information and shall not be relied upon as an opinion, guidance, interpretation, or legal advice. No attorney-client relationship is established between you and Navia through use of the Website or otherwise under any circumstances.

Proprietary Information

You acknowledge and agree that the content accessible within the Website is the proprietary information of Navia and its content providers. Navia retains all right, title, and interest in the content. Reproduction, distribution, or retransmission by you of any materials contained on this website is prohibited without the prior consent of Navia. You may download a copy of materials only for personal non-commercial use. You shall not remove or alter, or cause to be removed or altered, any copyright, trademark, service mark, or any other proprietary notice or legend appearing on this Website.

Disclaimer: Errors and Omissions in Website Material

Information on this website may include inaccuracies, out-of-date information, or other errors or omissions. Although Navia is committed to keeping the information on this site as up to date as reasonably possible, use of such information is at your own risk.

Disclaimer: Implied Warranties

All documents, presentations, and other data are provided “as is” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume total responsibility and risk for your use of the website.

Limitation on Liability

Navia and all subsidiaries shall not be liable for ANY incidental, indirect, consequential, exemplary, punitive, or special damages, including loss of revenue or income ,lost profits, or any loss associated with a breach of PHI, or a loss of benefit dollars due your failure to take due care of your username, password, or other login credential including any  failure to act upon any notice or report to Navia any real or suspected unauthorized use or disclosure of your password or online account information. Further, Navia is not responsible for losses of benefit dollars due to the loss of, fraudulent use of, or fraud on cards/accounts by third party actors. Navia is not responsible for card data or benefit accounts being compromised on merchant websites or other third-party services/vendors where card data was disseminated.

Your sole remedy is to stop using the website. Signing on as or pretending to be another person without their authorization or permitting another to use, your password, impersonate you, or otherwise using the website for any illegal purpose or to violate any federal, state, local, or municipal law constitutes a material breach of these terms.

Arbitration Agreement; Class-Action Waiver

Agreement to Arbitrate. You and Navia agree that any dispute, claim, or controversy arising out of or relating to your access to or use of Navia’s websites, platforms, accounts, or services, or to any communications (including SMS) from or to Navia (collectively, “Services”), will be resolved exclusively by binding arbitration, rather than in court.

Scope and Parties. This agreement applies to you (including plan participants, members, authorized agents, and site visitors) and to Navia and its subsidiaries/affiliates.

Governing Law; Rules; Seat. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration agreement. Arbitration will be administered by [AAA/JAMS] under its [Consumer/Commercial] Rules, as applicable, and held in King County, Washington, or another location mutually agreed or required by applicable rules. The Washington Uniform Arbitration Act applies to the extent not inconsistent with the FAA.

Class/Representative Actions. You and Navia waive any right to participate in a class, collective, or representative action or class wide arbitration. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide such party’s relief.

Mass Arbitration Administration. If 25 or more similar claims are filed by or with the same counsel, the parties agree to a staged bellwether process and batching consistent with the administrator’s procedures; filing and administrative fees will be addressed accordingly.

Delegation. The arbitrator shall decide all issues of arbitrability and the scope and enforceability of this arbitration agreement, except that a court may decide the enforceability of the class action waiver.

Pre Arbitration Notice. Before starting arbitration, the initiating party must send a written notice of dispute to legal@naviabenefits.com and to Navia’s legal department by mail and allow a 30 day informal resolution period.

Carve Outs. Either party may bring an individual claim in small claims court. Either party may seek temporary injunctive relief in court to protect intellectual property or the security of the Services. Disputes regarding eligibility for, entitlement to, or payment of benefits under an employee benefit plan governed by ERISA, and any disputes between Navia and a plan sponsor or employer that are subject to an Administrative Services Agreement or plan document, will be resolved exclusively under such plan documents or agreement (including their dispute resolution procedures), and not under this T&Cs arbitration agreement.

Opt Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by following the instructions here:

Arbitration Opt-Out Instructions
If you do not wish to be bound by the arbitration agreement in our Terms and Conditions, you may opt out within 30 days of your first use of the website after these Terms are posted or updated.
To opt out, you must send a written notice including:
⦁ Your full name
⦁ Your employer or former employer’s name
⦁ The email address (if applicable) associated with your account or your use of the site
⦁ A clear statement that you wish to opt out of the arbitration agreement

You may submit your opt-out notice by:
⦁ Emailing [compliance@naviabenefits.com] with the subject line “Arbitration Opt-Out”
⦁ Mailing your opt-out notice to:

Navia Benefit Solutions
Attn: Arbitration Opt-Out
707 S. Grady Way, Suite 350, Renton, WA 98057
Opt-out requests received after the 30-day period will not be valid. Opting out of arbitration does not affect any other provisions of the Terms and Conditions.

Severability; Survival. If the class action waiver is found unenforceable as to a particular claim, then that claim must proceed in court; the remaining claims/arbitration terms remain enforceable. This section survives termination of the Terms.

Indemnity

You agree to defend, hold harmless, and indemnify Navia and its directors, officers, employees, representatives, principals, agents, content providers, licensors, services providers, and attorneys (“Indemnified Parties”) from and against any fraud, damages, liabilities, penalties, claims, costs, and expenses, including reasonable attorneys’ fees, whether at arbitration, trial, on appeal, or in any regulatory proceeding relating to or arising from use or disclosure of your password or online account information, failure to take due care of your password, online account information, or benefit card number, failure to report any  actual or suspected unauthorized use or disclosure, of your password or online account information or any breach by you of these Terms.

Use by children

We comply with the Children’s Online Privacy Protection Act (COPPA) and do not knowingly collect personal information from children under 13, unless as strictly required to administer the Services or the benefits.

Cookies

A cookie is a small piece of data which is sent from a web server to a web browser and stored locally on your hard drive. The purpose of a cookie is to identify and enhance your Website experience. We may place a permanent cookie on your hard drive which will not expire when you exit your browser. Our cookies will not be used to send spam, track your activity on third party Websites, or provide us with personal information about you. We do not store cookie information and Navia does not use the information. Please refer to our Privacy Notice for information regarding our use of cookies and tracking technologies, including how we obtain user consent in compliance with applicable laws.

Password

To create an account on the Website you must provide information about yourself that matches the information provided by the employer. You are solely responsible for the protection of your password and online account and you must take proper steps to ensure no unauthorized person shall have access to your password or account. It is your responsibility to control the use and disclosure of your password and account and you must immediately call or otherwise inform Navia to deactivate the account or password if you have caused your password or account to be compromised or suspect your password or account has been compromised. You may contact Navia at the toll-free number posted on the “Contact Us” (Link to Contacts) link on the Website.

Third-party Website

The Website may link or contain links to other third-party Website (“Third-Party Sites”) that are not owned or controlled by Navia. Navia may also provide links to Third-Party Sites managed by Navia vendors. Such Third-Party Sites are provided as a service to you. These Third-Party Sites may have similar appearance to the Website but they are not owned or controlled by Navia. You acknowledge that Navia has no control over these Third-Party Sites and Navia expressly disclaims any responsibility for the content, accuracy, quality, security and privacy practices of the content, information, services, or products on these Third-Party Sites.

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Washington without regard to its principles of conflicts of law. By accessing, viewing, or otherwise using the Website you consent to the jurisdiction of Washington federal and state courts and agree to service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Severability

You acknowledge that in providing you access and use of the Website, Navia has relied on your agreement to be legally bound by these Terms. These Terms constitute the entire agreement between you and Navia regarding your use of the Website. If any part of this agreement is held invalid or unenforceable for any reason, all portions of the agreement remain in full force.