Sequoia OS For Employees Terms & Conditions
As a condition to using Sequoia OS for Employees, including the Instant Account Verification Service (collectively, the “Application”), you, the end user, agree to the terms and conditions set forth below (these “Terms and Conditions”). Sequoia Benefits and Insurance Services, LLC (“Sequoia”) reserves the right to add, delete, change and or modify parts of these Terms and Conditions at Sequoia’s sole discretion and at any time without notice or liability to you. If done, Sequoia will alert you that these Terms and Conditions have been updated. It is important for you to refer to these Terms and Conditions from time to time to make sure that you are aware of any additions, revisions, or modifications that Sequoia may have made. Your continued use of the Application constitutes your acceptance of any new terms and conditions.
- Provide Accurate Information. You, the end user agrees to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and other financial institutions and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
- License and Proprietary Rights. Subject to these Terms and Conditions, Sequoia grants end user a limited, non-exclusive, non-transferable, non-sublicensable license to use the Application. You are permitted to use content delivered to you through the Application only on the Application. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Application technology, including but not limited to, any Java applets associated with the Application, or make the functionality of the Application available to the public in any manner. Notwithstanding anything to the contrary contained in these Terms and Conditions, except for the limited license rights expressly provided herein Sequoia and its suppliers have and will retain all rights, title and interest in and to the Application (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights. All copies, improvements, updates, modifications or enhancements of the Application (including any modifications to sample files) shall remain the property of Sequoia (including any changes which incorporate any of the ideas, feedback or suggestions of end user). All rights not granted by Sequoia are reserved.
- Content You Provide and is Derived by Use of the Application. You are licensing to Sequoia and its service providers (“Service Provider”) any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Application. This may include requesting and collecting information about you that includes identifiers and other personal information (such as your name), and information about you or your household that may be considered medical information (such as whether you or a member of your household is at higher risk for complications from COVID-19), and that Sequoia may share such information with your employer and with Service Provider to the extent doing so is not prohibited by law. Sequoia and Service Provider may use, modify, display, distribute and create new material using such Content to provide the Application to you. Sequoia and Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Application. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Sequoia and Service Provider may use the Content for the purposes set out above. If you use a message board, chat room, instant messenger or post any Content through the Application you are solely responsible for the content of your messages. You should be aware that when you voluntarily disclose identifiable information (for example, your name, street address, email address, or telephone number) on the Application, that information can be read, collected and used by other users of the Application and may result in unsolicited messages, both commercial and otherwise. You agree that by participating in such online public forums, you will not use such forums for any purpose that is unlawful or prohibited by the Sequoia community guidelines that may be in effect from time to time in connection with the Application. Sequoia reserves the right to terminate your access to the Application or to take other protective steps if you violate these terms. As between Sequoia and Service Provider, Sequoia owns your confidential account information.
- Third Party Accounts. By using the Application, you authorize Sequoia and Service Provider to (i) share your information with third parties that make available their applications and/or services available to you through the Application, (ii) access third party sites designated by you, on your behalf, (iii) retrieve information requested by you, and (iv) to register for accounts requested by you. For all purposes hereof, you hereby grant Sequoia and Service Provider a limited power of attorney, and you hereby appoint Sequoia and Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN SEQUOIA OR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, SEQUOIA AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Application is not endorsed or sponsored by any third party account providers accessible through the Application.
- LINKS TO OTHER SITES. The Application may contain hyperlinks and pointers to other sites on the Internet that may be maintained by third parties (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Application and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Application. Sequoia may not have knowledge of, and is not responsible for, the content, information, websites, products or advertisements presented by any Other Site which you use at your own risk. Sequoia does not warrant or make any representation regarding the legality, accuracy, quality or authenticity of content, information, websites or products presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Sequoia of any Other Site(s) or resources, or their content, information, services or products. The Application is only providing these links to you as a convenience. The terms of service and privacy policy of any Other Sites shall apply to your access and use of them. Sequoia accepts no responsibility for the content or conduct of Other Sites.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:YOUR USE OF THE APPLICATION AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SEQUOIA AND SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE APPLICATION AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE APPLICATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
SEQUOIA AND SERVICE PROVIDER MAKE NO WARRANTY THAT (I) THE APPLICATION WILL MEET YOUR REQUIREMENTS, (II) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED OR (VI) THE APPLICATION OR SEQUOIA IS PROVIDING ANY LEGAL, MEDICAL, HEALTH, FACILITIES, HYGIENE OR RELATED SERVICES OR ADVICE, AND SEQUOIA IS AND IS NOT TAKING ON ANY FIDUCIARY DUTIES OR OBLIGATIONS TO YOU BY VIRTUE OF YOUR USE OF THE APPLICATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEQUOIA OR SERVICE PROVIDER THROUGH OR FROM THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT: (A) SEQUOIA IS NOT A PLAN SPONSOR, PLAN ADMINISTRATOR OR FIDUCIARY WITH RESPECT TO ANY OF YOUR EMPLOYER’S PLANS; (B) SEQUOIA SHALL HAVE NO OTHER ROLE, RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY OF YOUR EMPLOYER’S PLANS INCLUDING, WITHOUT LIMITATION, THAT OF A THIRD-PARTY ADMINISTRATOR; AND (C) TO THE EXTENT THAT SEQUOIA PROVIDES ANY ADMINISTRATIVE OR OTHER SERVICES WITH RESPECT TO ANY OF YOUR EMPLOYER’S PLANS, (I) ALL SUCH SERVICES ARE TAKEN ON YOUR EMPLOYER’S BEHALF AND AT YOUR EMPLOYER’S SPECIFIC DIRECTION, (II) SEQUOIA SHALL NOT TAKE ON ANY FIDUCIARY OR OTHER OBLIGATIONS AS A RESULT OF SUCH SERVICES UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (ERISA), OR ANY OTHER LAW, AND (III) YOUR EMPLOYER SHALL REMAIN SOLELY RESPONSIBLE AND LIABLE FOR SUCH SERVICES AND ANY UNDERLYING OBLIGATIONS. - LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER SEQUOIA OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, ILLNESS, WORKERS’ COMPENSATION OR OTHER INTANGIBLE LOSSES, EVEN IF SEQUOIA OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, IF YOU BECOME ILL DURING ANY PERIOD IN WHICH YOU USED THE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE APPLICATION; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE APPLICATION; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE APPLICATION.
- Indemnification. You agree to protect and fully compensate Sequoia and Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Application, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
You agree that Service Provider is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Service Provider were a party to these Terms and Conditions. - Waiver of Class, Collective Actions. All claims brought under these Terms and Conditions shall be brought in your individual capacity of employee. Under no circumstances shall these Terms and Conditions be construed to allow or permit the consolidation or joinder of other claims or controversies involving any other employees or parties or permit such claims or controversies to proceed as a class or collective action or other similar basis. No arbitrator shall have the authority under these Terms and Conditions to order any such class or collective action. By agreeing to these Terms and Conditions, you agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis. Any dispute regarding the validity, scope or enforceability of these Terms and Conditions, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis. If under applicable law a claim, for example, without limitation, a representative claim under the California Private Attorneys General Act (“PAGA claim”), is found to be unwaivable and such action is pursued in court, you agree that any such claim, including a PAGA claim, will be severed and stayed pending resolution of claims that are arbitrable.
- Notices. By using the Application, you consent to the electronic delivery of all documents and notices regarding your account. You also confirm that you have the ability, necessary equipment and software to access and view any documents or notices Sequoia sends you. You are entitled to withdraw your consent to electronic delivery at any time by emailing us at appsupport@sequoia.com. Should you withdraw your electronic delivery consent, you are entitled to receive a paper copy of all required notices and documents. Some notices and documents which Sequoia is not required to provide you will not be sent to you should you withdraw your consent to electronic delivery.
Updated as of: September 19, 2025
