Last Updated: July 6, 2026
Acceptance of These Terms
These Terms of Use (“Terms”) govern your access to and use of the websites and online portals operated by Navia Benefit Solutions, Inc. and its subsidiaries and affiliates (collectively, “Navia,” “we,” or “us”), including any employer/plan-sponsor portal, participant/employee portal, and any co-branded or subsidiary portal that links to or incorporates these Terms (collectively, the “Site”).
By creating a Site account (a website login), or by clicking “I agree” (or a similar control) where presented, you accept these Terms and intend them to be the legal equivalent of a signed written agreement. If you do not agree, do not create a Site account or use the interactive features of the Site.
These Terms govern your use of the Site only and are not a condition of your eligibility for, or access to, any benefit. Your Site account is a website login and is separate from your benefit accounts. Your HSA is a custodial or trust account governed by your HSA custodial agreement, and your 401(k) and other retirement benefits are governed by the applicable plan and trust or custodial documents. Nothing in these Terms is a condition of opening, holding, accessing, or transacting in any HSA, 401(k), FSA, HRA, or other benefit account, and declining these Terms does not affect those accounts or your rights in them. If you do not agree to these Terms, you may still access your benefits, direct your account where applicable, and receive any legally required communications through non-electronic channels (see “Electronic Communications” below).
1. Definitions
“Site” — the websites and portals described above. “Site account” — the login or credential you use to access the Site, which is separate from any “benefit account” (such as your HSA custodial account or 401(k) plan account). “You” or “User” — the person or entity accessing the Site, including Employer Users, Participant Users, and Authorized Users. “Employer User” — an employee or agent of an employer or plan-sponsor client of Navia who uses the Site to administer benefits for the employer’s workforce. “Participant User” — an employee, former employee, dependent, or other plan participant or beneficiary who uses the Site to access benefits (including FSA, HRA, HSA, 401(k) and other retirement, wellness, COBRA, commuter/transit, and other benefits Navia administers). “Plan” — the benefit plan(s) under which benefits are provided and that Navia administers on behalf of an employer or plan sponsor. “PHI” — protected health information as defined by HIPAA. “Personal Information” — information that identifies or reasonably relates to an identifiable individual, as defined by our Privacy Notice and applicable law.
2. Relationship to Plan Documents, HIPAA, and Order of Precedence
Navia acts as a third-party administrator and, for health benefits, as a HIPAA business associate of the Plans. Your rights to benefits are governed by the applicable Plan documents, summary plan descriptions, and applicable law (including ERISA where it applies) — not by these Terms. In particular, your HSA is governed by your HSA custodial or trust agreement, and your 401(k) and other retirement benefits by the applicable plan and trust or custodial documents; those documents control over these Terms with respect to those accounts. To the extent these Terms conflict with a Plan document, an applicable business associate agreement or data processing agreement, or applicable law with respect to benefits, PHI, or plan communications, those documents and laws control and these Terms are limited accordingly.
3. Accounts, Access, and Accurate Information
To create an account, you must provide information that matches the information provided to Navia by your employer or plan sponsor. Employer Users may access Personal Information and, where applicable, PHI of the employer’s workforce solely to administer benefits and only as permitted by the applicable agreement, the Plan, and law. You agree to provide accurate information and to use the Site only for its intended benefit-administration and benefit-access purposes.
4. Electronic Communications, Disclosures, and E-Sign Consent
Where you consent, Navia may provide account communications, notices, and legally required disclosures electronically through the Site, and you may sign and submit transactions electronically, consistent with the federal E-SIGN Act, the Uniform Electronic Transactions Act, and, where applicable, U.S. Department of Labor electronic-disclosure rules (29 C.F.R. § 2520.104b-1(c) and § 2520.104b-31).
You may withdraw consent to electronic delivery, request paper copies, and update your contact information at no charge by contacting Navia as described under “Contact Us.” Declining or withdrawing electronic consent, or declining these Terms, does not affect your benefits or your right to receive any legally required plan disclosure by non-electronic means.
5. Privacy, PHI, and Personal Information
Navia’s handling of Personal Information collected through the Site is described in our Privacy Notice. Our treatment of PHI is governed by HIPAA, the applicable business associate agreement, and the Plan’s Notice of Privacy Practices—not by these Terms—and nothing in these Terms serves as your authorization to use or disclose PHI. Your employer or plan sponsor, not Navia, provides the Plan’s Notice of Privacy Practices; contact your employer to obtain a copy.
Where applicable state privacy laws grant you rights regarding Personal Information, you may exercise them through the process described in our Privacy Notice. Certain data is exempt from some state privacy laws—for example, information governed by HIPAA, financial information subject to the Gramm-Leach-Bliley Act (such as HSA account records), and information processed in an employment or benefits context-and some data is subject to legal retention and reporting obligations that may limit deletion or similar requests.
This section covers information Navia gathers through the Site. It does not apply to the Plans themselves or to the privacy practices of our clients.
6. Your Account and Password Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Take reasonable steps to prevent unauthorized access. If you know or suspect that your credentials or account have been compromised, notify Navia immediately using the toll-free number on the “Contact Us” page so the account can be secured. Do not share credentials, and do not access an account you are not authorized to use.
7. Permissible Use and Proprietary Rights
The content on the Site is the proprietary property of Navia and its content providers and is protected by intellectual property laws. You may view and download materials only for your own personal, non-commercial use in connection with your benefits or benefit administration. You may not reproduce, distribute, retransmit, or create derivative works from Site materials without Navia’s prior written permission, and you may not remove or alter any proprietary notices.
You may not use any automated means (including scraping, crawling, or harvesting) to access or extract data from the Site, interfere with the Site’s operation or security, or use the Site to violate any law or the rights of others.
8. No Legal, Tax, or Investment Advice
Information on the Site is provided for general informational purposes only and is not legal, tax, or investment advice and may not be relied upon as such. For advice you can rely on, consult your own attorney, tax advisor, or financial professional. No attorney-client relationship is created through use of the Site. Any federal tax information is general and is not an opinion or guidance on which you may rely.
9. No Offer or Solicitation
The Site provides general information about Navia and its products and services. Information on or sent from the Site is not an offer to sell or a solicitation of any product or service.
10. Third-Party Sites
The Site may link to websites Navia does not own or control, including sites operated by Navia’s vendors that may resemble the Site. Navia provides these links as a convenience and is not responsible for the content, accuracy, security, or privacy practices of third-party sites. Your use of third-party sites is at your own risk and subject to their terms.
11. Cookies
Navia uses cookies and similar technologies to operate the Site and improve your experience, as described in our Privacy Notice, which explains the cookies we use and the choices available to you.
12. Disclaimers
The Site and its content may contain inaccuracies or errors and are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of the Site and its information is at your own risk. This section does not disclaim any warranty or protection that cannot be disclaimed under applicable law.
13. Limitation of Liability
To the maximum extent permitted by law, Navia and its subsidiaries will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits or revenue, arising from your use of the Site.
You remain responsible for safeguarding your credentials, and Navia is not liable for losses resulting from your failure to secure your credentials or to promptly report suspected unauthorized use, or for losses caused by third parties (including fraud on cards or accounts, or compromise of card data on merchant or other third-party sites) that are outside Navia’s control.
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability under HIPAA, ERISA (including the anti-exculpation rule at ERISA § 410), or other applicable statutes, or liability for gross negligence or willful misconduct. These Terms do not limit Navia’s obligations with respect to a breach of PHI, which are governed by HIPAA and the applicable business associate agreement.
14. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Navia and its officers, employees, and agents from third-party claims, damages, and reasonable attorneys’ fees arising from your misuse of the Site, your violation of these Terms or applicable law, or your failure to safeguard your credentials or to report suspected unauthorized use. This section does not apply to the extent a claim arises from Navia’s own negligence or misconduct, and it does not require indemnification where prohibited by law.
15. Dispute Resolution and Arbitration
Please read this section carefully; it affects how disputes are resolved.
(a) Covered Disputes. Except as carved out below, any dispute arising out of your use of the Site (“Dispute”) will be resolved by binding arbitration in King County, Washington, under the Washington Uniform Arbitration Act (RCW 7.04A.010–7.04A.903).
(b) Small-claims and lower-value claims. Arbitration is required only for a Dispute in which the amount in controversy exceeds US$40,000. Any Dispute of US$40,000 or less may instead be brought in a court of competent jurisdiction, including small claims court where the claim qualifies. Either party may bring a qualifying claim in small claims court.
(c) Benefit and ERISA claims. This section does not apply to, and you do not waive any right to bring in court, any claim for plan benefits, breach of fiduciary duty, or other relief under ERISA (including ERISA § 502, 29 U.S.C. § 1132), or any claim that applicable law provides may not be arbitrated or waived. Nothing in these Terms alters the claims and appeals procedures of any Plan.
(d) No class actions. Disputes will be arbitrated only on an individual basis and not as a class or representative action, to the extent permitted by law. If this class waiver is held unenforceable as to a particular Dispute, that Dispute will proceed in court.
(e) Opt-out. You may opt out of this arbitration section by sending written notice to Navia within 30 days after first accepting these Terms; opting out will not affect any other part of these Terms or your use of the Site.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws principles. Subject to the arbitration section, you consent to the jurisdiction of the state and federal courts located in Washington for disputes relating to the Site. Nothing in this section waives or alters the venue provisions of ERISA § 502(e)(2) (29 U.S.C. § 1132(e)(2)) or any other non-waivable statutory venue right for benefit or fiduciary claims.
17. Changes to These Terms
Navia may update these Terms from time to time. If we make material changes, we will provide notice through the Site or by other reasonable means before the changes take effect. Your continued use of the Site after the effective date of updated Terms means you accept them. We will show the “Last updated” date at the top of these Terms.
18. Use by Children
The Site is not directed to children under 13, and Navia does not knowingly permit children under 13 to create an account.
19. Severability and Entire Agreement
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. These Terms are the entire agreement between you and Navia regarding your use of the Site; they do not supersede any Plan document, business associate agreement, data processing agreement, or other written agreement governing benefits or the handling of PHI or Personal Information, which control as described in Section 2.
20. Contact Us
Questions about these Terms, or requests for paper copies or account assistance, may be directed to Navia at the toll-free number and address on the “Contact Us” page of the Site.