Member Self Service — Terms of Use

Welcome to the eepoint ESS website (the "Site"). This website (the “Site") is maintained by Willis Towers Watson US LLC and its affiliates ("Willis Towers Watson") and third parties. Willis Towers Watson provides services to benefit plan sponsors and their employees. The terms and conditions set forth below (the "Terms of Use") govern your use of the Site, and are legally binding on you. TO AGREE TO THESE TERMS OF USE, PLEASE SCROLL DOWN THIS WINDOW, AND CLICK ON THE "ACCEPT TERMS" BUTTON. IF YOU CLOSE DOWN THIS WINDOW WITHOUT CLICKING ON "ACCEPT TERMS", OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU WILL NOT BE GRANTED ACCESS TO THIS SITE. YOUR ACCEPTANCE OF THESE TERMS OR USE OF THE SITE SHALL BE DEEMED YOUR AGREEMENT TO THE TERMS SET FORTH BELOW, WHICH INCLUDE OUR PRIVACY POLICY.

1. Prior Terms of Use

These Terms of Use supersede any other Terms of Use or similar provisions relating to the use of the Site.

These Terms of Use apply to our practices in connection with information that we collect through this Site; telephone service center; employer data import files; other third party import files approved by the plan sponsor; mobile devices; and HTML-formatted email messages that may be sent to you (collectively, the “Services"). “

2. Definitions

"Site" includes the eepoint ESS Site, and the Materials, Marks, and Services available on the Site.

"Materials" means the information, graphics, products, and features that are available on the Site.

"Mark" means trademark, trade name, service mark, trade dress, custom graphics, or icons.

3. Privacy and Data Protection

Our Privacy Policy governs the use of information collected on this Site. Acceptance of these Terms of Use implies acceptance of the Privacy Policy.

4. User ID and Password

Access to this Site is restricted. Your access is validated via Single Sign On (SSO) through a separate secure site or, alternatively, the first time you logon to the site, you will be asked to provide information to verify you are defined as a valid user.

Where a User ID and password are setup via the Site, each user has the ability to reset his/her own password as long as it meets the established password criteria for eepoint ESS. For increased security, passwords should be changed periodically. The security administrator can reset a user password on request if a user has forgotten or misplaced his/her password and is unable to reset using the Site. Willis Towers Watson will never contact a user to ask them for their password, User ID or other personal information. If you do receive such request, please do not provide the requester with your password or other information. Your password is your private entry key into your account. You should never share it with anyone, and you should change it periodically. You can change your password at any time by using the Change Password function available on the Site. To prevent unauthorized access of your account, be sure to logout when you have finished accessing your Benefit Information.

The individuals within a Plan Sponsor’s organization are validated through either Single Sign On (SSO) through a separate secure site or they set up a User ID and an initial password once they are identified as valid users of the site.

5. Intellectual Property

The Site is the sole and exclusive property of Willis Towers Watson and its licensors. Willis Towers Watson and its licensors retain all right, title and interest, (including all patent, copyright, trademark, trade secrets and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, unfair competition, and other laws in the United States and in other countries.

6. Trademarks

Willis Towers Watson, eepoint, eepoint ESS, the eepoint ESS trade dress, and all other Marks that appear, are displayed, or used on the Site are trademarks of Willis Towers Watson or its licensors. These Marks may not be copied, downloaded, reproduced, used, modified or distributed in anyway, without prior written permission, except as an integral part of any authorized copy of the Materials made pursuant to the license below.

7. License

Willis Towers Watson grants you a limited, personal, nontransferable, nonsublicensable, revocable license to access and use the Site, to display the Materials and use the Services only as expressly permitted by these Terms of Use. Except as stated herein, you have no other right with respect to this Site.
You may use the Materials and the Services to determine the status of your own employee benefits as defined by the functional scope of the Site.
You may download, view, copy and print Materials and reports or information obtained from your appropriate use of the Services, solely for personal, informational, non-commercial purposes.
Except where your use constitutes "fair use" under copyright law, you may not, without Willis Towers Watson’ prior written consent use, download, upload, copy, print, display, perform, reproduce, modify, edit, alter, or create any derivative works from any portion of the Site; use a frame or border environment, or other framing technique to enclose any portion of the Site, or mirror or replicate any portion of the Site; or sell, offer for sale, display, distribute, republish, retransmit, reverse-engineer, or translate into any language or computer language any portion of the Site.
This limited license terminates automatically, without notice to you, if you breach any of these Terms. Willis Towers Watson shall not be liable to you or any third party for such termination. Upon termination of this limited license, any site access shall constitute an act of trespass.

8. Restrictions

By accessing it, you agree to use the Site in strict compliance with all applicable laws, and in a manner that does not negatively reflect on the goodwill or reputation of Willis Towers Watson and the Plan Sponsor. In addition to other restrictions set forth in these Terms of Use, you will not:

9. Disclaimer

This Site is for informational purpose only. The Site displays Benefit Information that the Plan Sponsor has provided to Willis Towers Watson. Although we exercise reasonable efforts to ensure quality and accuracy, there may be errors, or the information provided may not be complete, current, or applicable to your particular situation. You should not take any action based on information obtained from this Site. The Materials have not been independently verified or authenticated by Willis Towers Watson. Willis Towers Watson and its licensors disclaim any liability for any errors or omissions in the Materials or the Services or for your use of the Site.
Willis Towers Watson makes reasonable attempts to minimize the impact of viruses, but cannot ensure that at all times the Site will be free from viruses or other destructive software, or that access to the Site will not be disrupted or interrupted by viruses, denial of service attacks, or other attacks to our servers or those of our service providers. Please take appropriate safeguards before downloading information from this Site. Willis Towers Watson disclaims any liability for damages to your computer equipment or other property, resulting from use of the Site, or downloading of anything from the Site.

10. Disclaimers of Warranty

THE SITE IS PROVIDED "AS IS", FOR YOUR CONVENIENCE ONLY, AND WITHOUT ANY WARRANTY. WILLIS TOWERS WATSON, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY PORTION OF THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILLIS TOWERS WATSON, FOR ITSELF AND EACH OF ITS LICENSORS DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ANY PORTION OF THE SITE.

11. Limitation of Liability

EXCEPT IF PROHIBITED BY APPLICABLE LAW, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILLIS TOWERS WATSON SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY PORTION OF THE SITE. IN NO EVENT SHALL WILLIS TOWERS WATSON BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) WITH RESPECT TO USE OR INABILITY TO USE ANY PORTION OF THE SITE HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF WILLIS TOWERS WATSON HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Additional Rights

Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

13. Prohibited and Illegal Activities

Willis Towers Watson monitors use of the Site. If Willis Towers Watson becomes aware of inappropriate use of the Site, Willis Towers Watson may report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Willis Towers Watson will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on or in connection with the Site.

14. Indemnification

You are wholly responsible for your actions or the actions of any person using your User ID and/or password. As such, you agree to hold Willis Towers Watson harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by Willis Towers Watson in relation to, arising from any claim or demand from a third party that the use of the Site by you or any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.

15. Written Document - Electronic Notification

You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document. To the extent that we may need to contact you, you agree that we may do so via any electronic means, including but not limited to communication posted on the Site, electronic mail, or other means of electronic messaging.

16. Modifications

Willis Towers Watson and its licensors may make improvements and/or changes in the Site, if any, at any time without notice.

Willis Towers Watson may revise these Terms of Use at any time by updating this posting. You will be asked to review and accept or reject new Terms of Use in the event that a material change is made to the content of these Terms. Your continued use of the Site after such modifications have been made will mean that you have accepted such revised Terms of Use.

17. Governing Law and Disputes

Any controversy, dispute or claim of any kind between the parties shall be governed by and interpreted in accordance with the laws of the jurisdiction where our office principally responsible for providing services to you is located, without regard to any provisions governing conflicts of laws; provided that if such office is located outside of the US or Canada, the governing law shall be that of the State of New York.

18. General

If a court of competent jurisdiction holds any provision of these Terms of Use to be contrary to law or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Willis Towers Watson to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Willis Towers Watson in writing.
These Terms of Use, and any agreement between Willis Towers Watson and the Plan Sponsor, comprise the entire agreement between you and Willis Towers Watson and supersede all prior terms or agreements, if any, regarding your use of the Site. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

19. Customer Service

If you wish to submit questions, comments, or requests for additional information regarding the Site’s Terms of Use, please click here. If you email us, you are voluntarily releasing information to us. Your email address will be used by Willis Towers Watson to respond to you or will be transmitted to the Plan Sponsor so that the Plan Sponsor responds.