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Last Updated: April 5, 2025
Welcome to Section 125 Solutions LLC (the “Company”). These Terms of Service (these “Terms”) govern your access to and use of our website located at www.125plans.com (the “Site”) and the services we provide through the Site. Please read these Terms carefully. By accessing or using the Site or our services, you (“User” or “you”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use the Site or our services.
By accepting these Terms, you also agree to the terms of our Privacy Policy (referenced below) which describes how we collect, use, and protect your information. These Terms constitute a binding legal agreement between you and the Company. Your use of the Site or services indicates your acceptance of these Terms.
We reserve the right to modify or update these Terms at any time as described in Section 13 (Changes to Terms). It is your responsibility to review these Terms periodically for changes. If you do not agree to any updated Terms, you must stop using the Site. Your continued use of the Site after the effective date of revised Terms will constitute your acceptance of those revised Terms.
These Terms of Service are effective as of April 5, 2025.
For purposes of these Terms, the following definitions apply:
“Company,” “we,” “us,” or “our” refers to Section 125 Solutions LLC, the operator of the Site.
“Site” refers to the website www.125plans.com and any related webpages, subdomains, or services operated by Section 125 Solutions LLC.
“Services” refers to the services provided by the Company through the Site, including providing information about Section 125 Cafeteria Plans and facilitating connections or referrals between Users and third-party providers who offer Section 125 plan setup or administration services.
“User” or “you” refers to any individual or entity who accesses or uses the Site or Services.
“Third-Party Provider” (or “Vendor”) refers to any independent third-party company, vendor, consultant, or service provider that offers products or services related to Section 125 plans (such as plan design, implementation, or administration), to whom the Company may refer you or with whom the Company may share your information for the purpose of providing the Services.
You must be at least 18 years of age (and of legal age in your jurisdiction) to use this Site and our Services. By using the Site, you represent and warrant that you are 18 or older and that you have the legal capacity and authority to enter into these Terms. If you are using the Site on behalf of a company or other legal entity (for example, as an employee or owner of a business seeking a Section 125 plan), you represent and warrant that you have the authority to bind that entity to these Terms, and in that case “you” shall refer to both you as an individual and the entity you represent.
The Site and Services are intended for business use by employers or their authorized representatives. You agree that you will only use the Site and Services for lawful, legitimate purposes (such as researching or setting up a Section 125 Cafeteria Plan for your organization) and in compliance with these Terms and all applicable laws and regulations. You further agree to provide true, accurate, and complete information about yourself and your business when submitting any forms or requests on the Site, and to promptly update such information if it changes.
The Company reserves the right to suspend or terminate access to the Site for any User who is or whom we reasonably suspect to be under 18, who lacks authority to agree to these Terms, or who otherwise violates these Terms or any applicable law. (See also Section 12 on Termination.)
Section 125 Solutions LLC operates an online platform (the Site) that provides resources and information about Section 125 Cafeteria Plans and helps connect businesses with third-party professionals who can assist in establishing or administering such plans. In particular, our Services include collecting information from Users interested in setting up a Section 125 plan and sharing that information with one or more trusted Third-Party Providers who offer Section 125 plan services. Those providers may then contact you to discuss and potentially provide the services you have requested.
Role of the Company: The Company’s role is limited to facilitating introductions or referrals between you and Third-Party Providers. We are not a Section 125 plan administrator, insurance company, healthcare provider, tax advisor, or law firm. We do not actually create, underwrite, or administer Section 125 plans ourselves. Any actual Section 125 plan services (for example, drafting plan documents, conducting nondiscrimination testing, or managing plan benefits) will be provided by a Third-Party Provider, under that provider’s own terms and agreements with you. The Company does not guarantee that any particular Third-Party Provider will contact you or agree to provide services, nor do we guarantee that we will be able to successfully match you with a provider.
Sharing of Information: In order to fulfill the Services, we will share the information you submit (such as your contact details and any relevant business or employee information) with Third-Party Providers in our network who we believe are well-suited to assist you. (See Section 5 on User Information and Privacy for more details.) By using our Services and providing your information, you request and expressly consent to this sharing and to being contacted by those Third-Party Providers. Such contact may include phone calls, emails, or other communications to discuss your Section 125 plan needs. We will only share your information with providers that we consider trustworthy and who are under obligations to use your information solely for the purpose of providing or offering services to you, as described in our Privacy Policy.
No Endorsement or Advice: The Company may provide general information about Section 125 plans on the Site (such as articles or FAQs), but this is for informational purposes only and does not constitute professional advice (see Section 8). We do not endorse, guarantee, or recommend any specific Third-Party Provider or their services. While we strive to connect you with reputable providers, any decision to engage a provider and any services received from them are solely between you and that provider. You should carefully review any terms, conditions, or agreements presented by any Third-Party Provider before using their services.
No Fees to Users: The Company typically does not charge Users a fee to use our referral Services. Any fees or costs associated with the actual Section 125 plan setup or administration will be determined by your agreement with the Third-Party Provider. You are responsible for paying any such fees directly to the provider if you choose to proceed with their services. (The Company may receive compensation from Third-Party Providers for referring leads, but any such arrangement does not affect the terms you receive from the provider and does not constitute an endorsement or warranty by us.)
By using the Services, you acknowledge and agree to the above-described role of the Company and the process by which we operate. You also agree that the Company is not a party to any contract or arrangement you may enter into with any Third-Party Provider, and that the fulfillment of any services you request (such as establishing a Section 125 plan) will be the responsibility of the Third-Party Provider, not the Company.
By using this Site and its Services, you agree that you are solely and fully responsible for your conduct, your submissions, and all activities undertaken through your use of the Site. You represent and warrant that you will use the Site only for lawful, authorized purposes and in compliance with all applicable laws, rules, and regulations. You agree not to submit false, misleading, or incomplete information, or impersonate any individual or organization. You shall not misrepresent your authority to act on behalf of a business or any other party, and you are responsible for maintaining the accuracy and integrity of all information you provide. You further agree not to engage in any conduct that could damage, disable, disrupt, impair, or interfere with the proper operation or integrity of the Site or Services, including but not limited to attempting to gain unauthorized access to the Site, its systems, servers, or data; using automated means such as bots, scrapers, or crawlers to collect or interact with data on the Site without express written permission; uploading or transmitting viruses, malware, harmful code, or engaging in denial-of-service attacks; or using the Site for any fraudulent, harassing, or abusive activity. Any unauthorized or unlawful use of the Site constitutes a material breach of these Terms and may result in the suspension or termination of your access, as well as civil or criminal liability under applicable law. Section 125 Solutions LLC reserves the right to investigate any suspected violation of this section and to take legal action as appropriate to protect the integrity of our platform, Services, and users.
To utilize our Services (for example, to request assistance with a Section 125 plan), you will be asked to provide certain personal and business information via forms or other means on our Site. This “User Information” may include, but is not limited to: your name, contact person’s name, email address, phone number, company name, business address, number of employees, and other details relevant to determining your Section 125 plan needs. In some cases, you might provide information about your employees or benefits (for instance, current benefit offerings or health plan details) to help assess plan requirements. You are responsible for ensuring that all information you submit is truthful, accurate, and up-to-date, and that you have the right or any necessary permissions to provide such information to us.
Use and Sharing of Your Information: By submitting your User Information, you grant the Company the right to use and share that information for the purposes of providing our Services to you. This includes using the information to evaluate your needs and sharing it with our trusted Third-Party Providers so that they can contact you and furnish the services you have requested (such as providing proposals or setting up a Section 125 plan). We will not sell or rent your personal information to unrelated third parties for their own marketing use. We will only share your information with parties involved in delivering or fulfilling the Services, as well as as otherwise described in these Terms or our Privacy Policy.
All User Information you provide to us is subject to our Privacy Policy, which is hereby incorporated into these Terms by reference. We strongly encourage you to read our Privacy Policy to understand how we collect, use, protect, and disclose your information. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and these Terms.
Data Security: The Company takes data security seriously. We implement administrative, technical, and physical safeguards to protect your personal and sensitive information. For example, we strive to use encryption and “HIPAA-grade” security measures (meaning security practices that may meet or exceed the standards required under the Health Insurance Portability and Accountability Act) to protect data you submit on the Site from unauthorized access or disclosure. While we aim to adhere to high security standards comparable to those used in healthcare settings, you should understand that we are not a covered entity under HIPAA (see Section 6 below), and the information you provide to us is not considered “protected health information” (PHI) under HIPAA. This means that HIPAA regulations do not legally apply to the information you submit on our Site, even if that information is sensitive. Nonetheless, we treat your data with a high level of care and confidentiality consistent with industry best practices and applicable privacy laws. We take reasonable and commercially appropriate measures to safeguard the personal and business information you provide. However, no method of transmission over the internet or method of electronic storage is 100% secure. By using our services, you acknowledge and accept that we cannot guarantee absolute security. In the event of a data breach, hack, or unauthorized access—whether within our systems or those of the trusted third-party providers we use—we will follow applicable laws regarding notification but do not accept liability for any resulting damages, losses, or misuse of your information. Once your data is shared with third parties (such as plan providers or analytics platforms), it is subject to their security practices and policies. Section 125 Solutions LLC is not responsible for the actions, security protocols, or potential breaches involving any third party we work with or transfer data to.
No HIPAA Coverage: Because Section 125 Solutions LLC is not a health care provider, health plan, or health care clearinghouse, and because we do not process health insurance claims or provide medical services, we are not subject to HIPAA and its implementing regulations. Any information you provide to us — even if it may relate to health insurance or medical expenses in the context of a Section 125 plan — is collected as business/personal information for plan setup purposes and not as part of a medical record. While we protect your information as described, it is important to note that HIPAA privacy and security rules do not govern our handling of your data.
Consent to Contact: By providing your contact information to us, you expressly consent that we (and the Third-Party Providers to whom we forward your information) may contact you via telephone (including cell phone, if number provided), email, text/SMS, AI Autodialers, or any other reasonable methods, to follow up on your request and provide the Services. All such communications will be related to Section 125 plan services or other services you have requested. Standard messaging or telephone rates may apply for any communications. You may opt out of receiving communications from the Company at any time by contacting us (though this may limit our ability to provide services), and you should communicate directly with any Third-Party Provider regarding their communications if you wish to limit or stop them.
Data Protection Disclaimer: Although we use robust security measures to protect your information, no method of transmission over the internet or electronic storage is 100% secure. Therefore, we cannot guarantee absolute security of your data. By using the Site, you acknowledge that any information you transmit to us is provided at your own risk. In the unlikely event of a data breach or security incident, we will take appropriate steps to investigate and notify affected parties as required by law. However, the Company shall not be liable for any unauthorized access to or disclosure of your information that occurs despite our security measures, except as may be required by applicable law.
No Medical Services or Advice: Section 125 Solutions LLC does not provide medical, health, or insurance services, and nothing on our Site should be construed as medical or healthcare advice. We are not a healthcare provider or insurance company, and we do not offer or administer health benefits or medical treatments. Our Services are limited to connecting you with third-party professionals for Section 125 plan setup and related administrative assistance, which are business and benefits services – not medical services. You should consult licensed healthcare providers or insurance professionals for any medical or health insurance advice or services.
Not a HIPAA Covered Entity: Because the Company provides no healthcare treatment or payment functions and is not involved in insurance plan administration as a healthcare plan, we are not a “covered entity” or “business associate” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or its related regulations. In other words, the Company is not legally required to comply with HIPAA’s requirements regarding protected health information. Any information you submit to us is handled as described in Section 5 and our Privacy Policy, but it is not protected under HIPAA law and you cannot assume the same rights you would have with a doctor or health plan (such as the right to request medical records under HIPAA). By using our Service, you acknowledge and agree that the Company has no HIPAA obligations to you, and you should not disclose to us any health information beyond what is necessary for the Services. We provide no medical advice, no diagnosis or treatment, and no health guarantee. Any health-related decisions should be made by you in consultation with qualified healthcare professionals and any Third-Party Providers as appropriate.
No Employee Benefit Plan Fiduciary Status: Additionally, the Company is not acting as an administrator or fiduciary of any employee benefit plan (including any Section 125 plan) under the Employee Retirement Income Security Act (ERISA) or other laws. We do not assume any fiduciary responsibility for your plan. The Third-Party Provider you engage may take on those roles per your agreement with them. It is your responsibility to ensure that any plan you establish complies with applicable laws and regulations; the Company is not responsible for overseeing or managing your compliance obligations.
As noted, our Site and Services involve referrals to or interactions with independent Third-Party Providers. This section explains our lack of responsibility for those third parties and your obligations when dealing with them:
Independent Third Parties: Any Third-Party Provider that we connect you with operates independently of Section 125 Solutions LLC. We do not own, control, or manage these third parties, and they are not our employees, agents, or representatives. Providing referrals or sharing your information with them does not create any partnership, joint venture, employer-employee, or agency relationship between the Company and those providers (see also Section 18, No Agency). The Company’s involvement is limited to making the initial introduction based on your request.
No Endorsement or Verification: The Company does not endorse, guarantee, or make any representations or warranties regarding any Third-Party Provider or their services, qualifications, expertise, pricing, availability, or ability to meet your needs. While we may have a network of providers we believe to be reputable, we do not independently verify all credentials or licenses of those third parties, nor do we guarantee their performance. You are responsible for evaluating and selecting any Third-Party Provider that contacts you. We recommend that you conduct your own due diligence, review any applicable provider terms or disclosures, and ask questions as needed before engaging their services.
No Responsibility for Third-Party Actions: Section 125 Solutions LLC is not responsible or liable for the acts, omissions, products, services, or results provided by any Third-Party Provider. Any services they provide to you are solely the responsibility of that provider, and any contract or arrangement for such services is strictly between you and the provider. The Company does not guarantee any particular outcome or success from any Third-Party Provider’s services. For example, we cannot guarantee that a provider’s Section 125 plan setup will meet all of your expectations, comply with all laws, or yield specific tax savings or benefits – those issues must be addressed between you and the provider, who should be an expert in that area. You agree that the Company will not be liable for any losses or damages of any kind arising from or related to the services (or failure to provide services) by any Third-Party Provider, including, without limitation, any financial loss, business interruption, penalties, or claims relating to the implementation or operation of a Section 125 plan by a third party.
Third-Party Terms and Policies: When you interact with a Third-Party Provider (for example, by engaging their services or visiting their website via a link from our Site), you will be subject to that third party’s own terms and conditions and privacy policies. Those terms will govern your rights and obligations with respect to the third party. The Company is not a party to those terms and is not responsible for content or practices of third-party sites or services. We encourage you to carefully read any agreements or policies provided by any third party before using their services or providing them with personal information. If a Third-Party Provider asks you to sign an agreement or abide by certain terms, it is your responsibility to understand and agree to those separately – those are not governed by our Terms.
Third-Party Links and Content: The Site may include links to or from websites, platforms, social media pages, or online resources operated by third parties, including Third-Party Providers, review sites, or informational sources. These links are provided solely for your convenience and do not imply any affiliation, sponsorship, endorsement, or recommendation by Section 125 Solutions LLC. The Company has no control over the content, accuracy, availability, policies, or practices of these third-party sites or platforms, and we make no representations or warranties of any kind regarding them. Accessing any third-party website or content through links on our Site is done at your own risk. We disclaim all responsibility for any harm, loss, or damage that may result from your use of or reliance on any content, goods, services, or information available on or through any third-party site or resource.
Furthermore, the Company is not responsible for any content published by third parties about us on external platforms, including but not limited to blogs, forums, news articles, social media, or review sites. Opinions, statements, ratings, or representations made by individuals or entities unaffiliated with Section 125 Solutions LLC do not reflect our views and are not verified or endorsed by us. We do not control such content and expressly disclaim any liability related to misinformation, unauthorized use of our name, or the publication of false, defamatory, misleading, or harmful information. If you believe a third party has published content about us that is infringing, defamatory, or otherwise unlawful, please contact us so we may review and take appropriate action.
Disputes with Third Parties: In the event that you have a dispute or claim of any kind against a Third-Party Provider or any other third party (for example, a disagreement about fees, services quality, or outcomes of a Section 125 plan), you agree that you will pursue that claim solely against the responsible third party and not against the Company. You hereby release Section 125 Solutions LLC (and our officers, directors, employees, and agents) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. (You waive the protection of any law that would limit such a release, to the extent permissible, e.g., Section 1542 of the California Civil Code, which says a general release does not extend to claims the releasing party does not know about at the time of release.)
No Legal, Tax, or Financial Advice: All information, content, and materials available on the Site or provided through our Services are for general informational purposes only. The Company is not a law firm, accounting firm, or tax advisor, and we do not provide legal, tax, accounting, or other professional advice. Although Section 125 plans relate to tax law and employee benefits, any guidance we provide is of a general nature and is not a substitute for advice from qualified professionals who are familiar with your specific circumstances. Nothing on the Site should be interpreted as legal, tax, insurance, or financial advice. You should consult with your own attorney, tax consultant, accountant, or other licensed professional before making decisions regarding establishing a Section 125 plan or any other compliance matters to ensure you understand the legal and financial implications.
No Attorney-Client or Professional Relationship: Your use of our Site or Services does not create any attorney-client relationship, accountant-client relationship, or any other fiduciary or professional relationship between you and the Company. The Company’s communications with you (and any information on the Site) are not privileged or confidential in the way communications with a lawyer or doctor might be. Do not rely on any information from us as legal or tax advice for your particular situation.
For Informational Purposes Only: Any examples, illustrations, or FAQs on our Site regarding how Section 125 plans work, potential tax savings, or compliance requirements are intended to be informative general examples. They may not apply to your specific situation, and they might not reflect the most current regulations or interpretations. Laws and regulations (including IRS rules for Section 125 plans) may change, and individual circumstances vary widely. The Company does not warrant or guarantee that any information provided is comprehensive or up-to-date.
Use at Your Own Risk: You assume full responsibility for how you use the information obtained from our Site or through communications with us. Any decisions or actions you take based on information from the Company are taken at your own risk. We will not be liable for any consequences (legal, financial, or otherwise) arising from your implementation of a Section 125 plan or other business decisions made in reliance on information obtained from us. If you require or desire professional advice, please seek services of a competent professional in the relevant field.
Use “As-Is” and “As Available”: Your use of the Site and Services is at your sole risk. The Site and all Services, information, content, features, and materials provided through the Site are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied.
To the fullest extent permitted under applicable law, Section 125 Solutions LLC disclaims all warranties, express, implied, or statutory, with respect to the Site and Services, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, quiet enjoyment, and any warranties arising from course of dealing or course of performance. We do not guarantee that the Site or Services will meet your requirements or expectations, or that the results obtained from using the Services will be accurate or reliable.
Savings Calculator Disclaimer: Any savings, financial figures, or calculations provided by our Savings Calculator or similar tools available on our Site are for general informational purposes only. These estimates do not represent guarantees or warranties of actual savings. Your real-world outcomes will depend on multiple factors unique to your business situation. Always seek professional advice before making any decisions based on these calculations.
No Guarantee of Service or Results: The Company makes no warranty that the Site will be available on an uninterrupted, secure, or error-free basis. We make no warranty that any information or content obtained through the Site is accurate, reliable, complete, or up-to-date. In particular, we do not warrant or promise that: (a) using the Services will successfully connect you with a Third-Party Provider or that any Third-Party Provider will be willing or able to provide services to you; (b) any Section 125 plan or other service you obtain from a Third-Party Provider will meet your specific needs or expectations, or comply with all laws or regulations (the provider is responsible for their own compliance); (c) any theoretical tax savings or benefits of a Section 125 plan suggested on our Site will actually be realized in your case; or (d) the Site will be free of viruses or other harmful components.
No Warranty for Third-Party Content: Any information or content provided by third parties (including Third-Party Providers) on our Site or via links is solely the responsibility of those third parties. The Company does not warrant or guarantee any third-party content, and your use of any third-party content is at your own risk.
Security and Data: While we describe our security measures in Section 5, we make no guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. We disclaim any warranty that data transmitted through the Site will be fully secure.
Jurisdictional Limits: Some jurisdictions do not allow the exclusion of certain warranties or conditions, so some of the above disclaimers may not apply to you. In such case, any warranties required by law are limited to the shortest period and fullest extent allowed by law.
By submitting any testimonial, review, written comment, feedback, or other content (“User Content”) to Section 125 Solutions LLC—whether directly through our website, by email, through surveys, messaging, or social media—you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, adapt, publish, translate, modify, distribute, and display that content for any commercial purpose, including but not limited to marketing, advertising, promotional materials, website content, case studies, and paid media campaigns.
You acknowledge and agree that we may use artificial intelligence (AI) or other technologies to enhance, modify, or repurpose your submitted content, including transforming it into video, audio, visual content, or other marketing formats. This may include editing for clarity or length, adding design elements, converting written testimonials into spokesperson-style video reviews or ad creative, or optimizing content for ad performance on platforms like Google, Meta (Facebook), or TikTok.
Additionally, you agree that Section 125 Solutions LLC may share, repost, or syndicate your submitted or derived content through its internal team, contracted content “clippers,” third-party service providers, affiliates, brokers, referral partners, or authorized resellers. These individuals or entities may use such content to promote Section 125 Solutions LLC or its services through their channels, including but not limited to email campaigns, social media posts, websites, ads, or co-branded collateral.
You represent and warrant that you have the right to submit such content and that doing so does not violate any third-party rights. You also agree that we are not obligated to seek additional approval before using, modifying, or distributing the content you submit for these purposes, and that no compensation is owed for such use unless otherwise agreed in writing.
11. Purchase Policy:
From time to time, Section 125 Solutions LLC may offer products or services for purchase directly through our website, including but not limited to downloadable resources, online training courses, or digital tools. These offerings are separate from any third-party products or services we may refer you to. For any purchases made directly from Section 125 Solutions LLC, the following terms apply: All sales are final unless otherwise specified. There are no refunds unless explicitly stated in the product listing or confirmation. Prices, features, and availability may change at any time without prior notice.
Most transactions facilitated through this Site involve third-party providers, including plan administrators and service partners. In such cases, those providers are solely responsible for pricing, payment terms, refunds, delivery, support, and any applicable guarantees. Section 125 Solutions LLC is not responsible for any third-party transactions, disputes, or outcomes, and you agree to resolve any such issues directly with the third-party provider.
We reserve the right to modify this Purchase Policy at any time, and your continued use of our Services after such changes constitutes your acceptance of the revised terms.
12. Copyright and Intellectual Property:
All content, features, functionality, and materials made available through or displayed on this website, including but not limited to the layout, design, color schemes, logos, taglines, icons, text, images, video, audio, graphics, documents, software, data compilations, code, and other intellectual property (collectively, the “Site Content”) are the exclusive property of Section 125 Solutions LLC or its licensors and are protected under United States and international copyright, trademark, trade dress, trade secret, and other intellectual property laws.
Use Restrictions:
You are granted a limited, non-exclusive, non-transferable license to access and view the Site Content for your internal business use in connection with evaluating or using the Services. You may not reproduce, copy, republish, download, transmit, modify, distribute, sell, sublicense, display, perform, create derivative works from, or exploit the Site Content, in whole or in part, for any commercial or public purpose without our prior express written consent. Any use of Site Content other than as expressly permitted in these Terms is strictly prohibited and may violate intellectual property laws. Misuse of our intellectual property may subject you to civil and/or criminal penalties. We reserve all rights not expressly granted in these Terms.
Trademarks and Branding:
All trademarks, service marks, logos, slogans, trade names, and brand elements appearing on the Site are proprietary to Section 125 Solutions LLC or its affiliates or licensors. You may not use any of these marks or branding elements without the express prior written permission of Section 125 Solutions LLC. Unauthorized use of our branding may constitute infringement, unfair competition, or misappropriation under state and federal law.
Digital Millennium Copyright Act (DMCA):
If you believe that any content available on or through the Site infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA). Please contact us at:
support@125plans.com
Legal Department, Section 125 Solutions LLC
Maricopa County, Arizona, USA
Your notice must include all information required under 17 U.S.C. § 512(c)(3), including a description of the copyrighted work, the URL or location of the infringing material, your contact information, and a statement under penalty of perjury that your claim is made in good faith.
13. Limitation of Liability
Broad Limitation: To the maximum extent permitted by law, in no event shall Section 125 Solutions LLC or its affiliates, subsidiaries, shareholders, members, directors, officers, employees, agents, representatives, partners, or licensors (collectively, the “Company Parties”) be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages whatsoever, including but not limited to lost profits, lost savings or revenue, lost business opportunities, loss of data, loss of goodwill, or other intangible losses, arising out of or in connection with your access to or use of (or inability to use) the Site or Services, or any conduct or content of any third party on or through the Site, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and even if the Company has been advised of the possibility of such damages. This limitation of liability applies regardless of whether the damages arise from usage or misuse of the Site, from reliance on any content on the Site, from inability to use the Site, from the interruption, suspension, or termination of the Site or Services, or from the services or conduct of any Third-Party Provider you may engage through the Site.
Disclaimer – Data Security and Third-Party Breaches: While Section 125 Solutions LLC strives to maintain the security of its systems, networks, and processes, you acknowledge that no system is completely secure and that security breaches, hacks, or unauthorized access may occur. You agree that Section 125 Solutions LLC shall not be held liable for any unauthorized access to, or use of, your data—including any breach of security that affects data stored by or transmitted to third-party providers, services, platforms, or vendors we work with. Once your information is shared with such third parties as part of providing the Services, we disclaim any responsibility for their data handling practices, breaches, or resulting damages. Use of our Services indicates your understanding and acceptance of these risks.
Cap on Liability: To the fullest extent permitted by law, the **total aggregate liability of the Company Parties for any and all claims, losses, or damages arising out of or relating to these Terms, the Site, or the Services, or from the use of or inability to use the same, shall not exceed the greater of: (a) the total amount (if any) you paid to the Company for the Services in the twelve (12) months immediately preceding the event giving rise to such liability; or (b) USD $100.00 (One Hundred U.S. Dollars). If applicable law does not allow the exclusion or limitation of certain damages, the above limitation may not apply to you, and in such cases, the Company’s liability will be limited to the minimum extent permitted by law.
You acknowledge that the Company has set its fees (or chosen to offer the Service free of charge) and entered into these Terms in reliance upon the limitations of liability and the disclaimers of warranties set forth herein, and that those provisions form an essential basis of the bargain between you and the Company. You agree that the limitations and exclusions of liability and disclaimers specified in these Terms are fair and reasonable.
No Liability for Third-Party Conduct: For avoidance of doubt, the Company will not be liable for any damage, injury, or loss caused by any Third-Party Provider or other third party, even if you learned of or were introduced to that third party through our Site. This includes any claims arising from a third party’s provision of (or failure to provide) products or services to you, any negligence or misconduct of a third party, or any misuse of your information by a third party. The Third-Party Provider bears sole liability for their interactions with you.
No Liability for Regulatory Changes: Section 125 Solutions LLC provides information and services related to Section 125 cafeteria plans in accordance with current laws and regulations. However, tax codes and related regulations, including but not limited to Section 125 of the Internal Revenue Code, are subject to change by legislative or regulatory actions at the federal, state, or local levels. We do not warrant or guarantee that the information provided will remain accurate or compliant with such changes. We disclaim any liability for any losses or penalties incurred as a result of changes to tax laws or regulations that may impact the applicability, legality, or implementation of Section 125 plans or any related services we offer.
It is the responsibility of the user to stay informed about current laws and regulations applicable to their specific circumstances. We strongly recommend consulting with qualified legal or tax professionals to ensure that any Section 125 plan or related strategy remains compliant with the most recent legal requirements.
Release of Company: You hereby release the Company Parties from any and all obligations, liabilities, and claims in excess of the liability limitation set forth above. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them must have materially affected their settlement with the debtor.” Likewise, you waive any other similar statute or doctrine that might apply in your jurisdiction.
Survival: The limitations of liability in this Section shall survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
You agree to indemnify, defend, and hold harmless Section 125 Solutions LLC and its affiliates, and each of their respective owners, officers, directors, managers, employees, contractors, agents, representatives, successors, and assigns (the “Indemnified Parties”), from and against any and all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use of the Site or Services, including any information you submit, post, or transmit through the Site; (b) your breach or violation of these Terms or of any applicable law or regulation; (c) your infringement or violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or other proprietary or personal rights; or (d) any dispute between you and a Third-Party Provider or other third party (for example, any claim by a third party that you failed to fulfill your obligations or made misrepresentations to that third party).
This means that if a third party (including a government entity) makes a claim against the Company or any other Indemnified Party because of something you did (or failed to do) in breach of these Terms or in using the Site, you will pay any resulting costs, losses, or damages, including our attorneys’ fees. For example, if you provide us with employee data that you had no right to share and an employee brings a privacy lawsuit against us, or if you misuse information from our Site and cause damage that leads to a claim against us, you agree to defend and indemnify us in that matter.
The Company reserves the right, at its own discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do so, you agree that you will cooperate with our defense of that claim and will not settle any such claim without our prior written consent. You further agree to promptly notify the Company of any third-party claims of which you become aware, that could affect the Company (however, any failure to notify does not relieve you of your indemnification obligations, except to the extent the delay prejudices the defense). This indemnification obligation will survive any termination of these Terms or your use of the Services.
By the Company: We reserve the right, in our sole discretion, to suspend or terminate your access to the Site and/or our Services, or to deactivate or delete your account (if any), at any time and for any reason, with or without notice. Without limiting the foregoing, we may suspend or terminate your access if we believe you have violated these Terms or engaged in unlawful behavior, if we cease to support the Site or Services, or for other operational reasons. We will not be liable to you or any third party for any such termination of your access.
By You: You are free to stop using the Site and our Services at any time. If you have created an account or profile on the Site (if such functionality exists), you may delete it or request that we delete it. Please refer to our Privacy Policy for guidance on how we handle any information you provided after you cease using our Services.
Effect of Termination: Upon any termination of these Terms or your access to the Services, whether by you or by us, all rights and licenses granted to you under these Terms will immediately cease, and you must stop all use of the Site and Services. However, the provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: Sections 5–11 (regarding privacy, disclaimers, liability, and indemnity), this Section 12, and Sections 13–20 (governing law, dispute resolution, and general terms). Termination does not relieve you of any obligation to pay any fees (if any) accrued or owed to any third parties.
The Company also reserves the right to remove or delete any content or data you have provided or posted in connection with the Services upon termination. However, we may retain copies of such information as required by law or as necessary for our legitimate business purposes (such as recordkeeping or to resolve disputes). Refer to the Privacy Policy for details on data retention.
The Company may revise or update these Terms from time to time in its discretion. We reserve the right to modify these Terms at any time. If we make material changes, we will endeavor to provide advance notice to you by reasonable means, which may include posting a prominent notice on the Site, sending an email notification (if we have your email), or other similar mechanism. However, notice of changes is ultimately your responsibility: we encourage you to periodically review these Terms whenever you use the Site to stay informed of any updates.
When we update the Terms, we will revise the “Last Updated” date at the top of this document. All changes are effective immediately when posted, unless a later effective date is specified. By continuing to access or use the Site or Services after the Terms have been updated, you agree to be bound by the revised Terms. If you do not agree to the modified Terms, you must stop using the Site and Services.
No change or modification of these Terms will apply to any dispute between you and us arising prior to the date on which the revised Terms became effective. The current version of the Terms will govern any disputes arising after the new Terms take effect.
These Terms and any dispute or claim (whether in contract, tort, or otherwise) arising out of or related to these Terms, the Site, or the Services shall be governed by and construed in accordance with the laws of the State of Arizona, USA, without giving effect to any conflict of laws principles that would result in the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms.
Jurisdiction and Venue: Subject to the arbitration provision below, you and the Company agree that any legal suit, action, or proceeding that is permitted to be brought in court under these Terms (in other words, if the arbitration provision does not apply) shall be instituted exclusively in the state or federal courts located in Maricopa County, Arizona. You and the Company each consent to the personal jurisdiction of these courts and waive any objection to the exercise of jurisdiction over the parties by these courts and to venue in these courts on grounds of inconvenience or otherwise.
This choice of Arizona law and forum is a material part of these Terms. If you reside outside of Arizona or the United States, you understand and agree that you are voluntarily choosing to use a Site that is operated in the United States, and that your use of the Site and Services is subject to U.S. laws. It is your responsibility to ensure that your use of the Site complies with any local laws as applicable.
Please read this section carefully. It requires you to arbitrate disputes with the Company and limits the way you can seek relief. By entering into these Terms, you agree that any disputes between us will be resolved by binding arbitration, and you waive your right to a trial by jury or to participate in a class action lawsuit.
Agreement to Arbitrate: Except for the exceptions expressly noted below, you and Section 125 Solutions LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of or access to the Site or Services, or the relationship between us (collectively, “Disputes”) will be resolved solely by binding arbitration on an individual basis. This agreement to arbitrate is intended to be broadly interpreted and includes, for example: claims arising from or relating to these Terms, our Privacy Policy, your use of any of the Site’s features or Services, any contact or communications between us, or the data you provided us. It also includes disputes about the validity, enforceability, or scope of this arbitration agreement. You understand and agree that, by entering into these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class or representative action.
Arbitration Procedure: The arbitration will be administered by the American Arbitration Association (AAA) (or, if AAA declines or is unavailable, another established arbitration provider agreed to by both parties) under its Consumer Arbitration Rules (if you are an individual using the Services for personal or small business use) or its Commercial Arbitration Rules (if applicable), except as modified by these Terms. You can find AAA’s rules at www.adr.org or by calling AAA. If there is any inconsistency between AAA’s rules and this arbitration agreement, the terms of this arbitration agreement shall control.
A single, neutral arbitrator will conduct the arbitration. The arbitration shall take place in Maricopa County, Arizona, or at another mutually agreed location. You may choose to have the arbitration conducted by telephone, video conference, or based on written submissions, if allowed by the arbitrator; the Company likewise may choose to participate remotely. The arbitration will be conducted in English. The arbitrator will apply the substantive law of the State of Arizona (subject to the preemption of federal law, including the Federal Arbitration Act) and applicable statutes of limitations, and will honor claims of privilege recognized at law.
Arbitration Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will pay the arbitration filing fee (or reimburse you for such fee) if your claim is for less than $5,000, unless the arbitrator finds your dispute frivolous or brought for an improper purpose. Each party will be responsible for their own attorneys’ fees and other costs, unless the arbitrator awards attorneys’ fees to the prevailing party under applicable law or agreement.
Arbitrator’s Authority: The arbitrator shall have exclusive authority to resolve any Dispute and to grant any remedy that would otherwise be available in court, including the determination of the scope or applicability of this agreement to arbitrate. The arbitrator’s award will be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Governing Law for Arbitration: You and the Company agree that this arbitration provision is subject to and governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.). The arbitrator will apply the Federal Arbitration Act and applicable statutes of limitations.
Small Claims: Notwithstanding the above, either party may choose to bring an individual action in a U.S. small claims court (e.g., a Justice Court or small claims division in Maricopa County, AZ, or the small claims court in your county of residence) if the claim is within the jurisdictional limit of that court and only seeks monetary relief. However, if that claim is transferred, removed, or appealed to a different court, it shall be subject to arbitration.
Injunctive Relief: Either party may seek temporary equitable relief (such as a temporary restraining order or preliminary injunction) from a court of competent jurisdiction in aid of arbitration or to maintain the status quo pending arbitration, and such request shall not be deemed incompatible with the agreement to arbitrate or as a waiver of that agreement. Additionally, disputes relating to intellectual property rights (such as trademarks, trade secrets, copyrights or patents) of the Company, or unauthorized access to or misuse of the Site (for example, unauthorized scraping or hacking), may at the option of the Company be brought in court rather than arbitration, since those may require immediate judicial intervention.
Waiver of Class and Representative Actions: You and the Company agree that all Disputes will be resolved on an individual basis and that any claims brought under these Terms or otherwise in connection with the Site/Services must be brought in the parties’ individual capacity. You and the Company further agree that neither you nor the Company will participate in or seek to recover relief in any class, collective, consolidated, or representative action (e.g., as a plaintiff or class member) in relation to any Dispute.
The arbitrator shall not have authority to combine or aggregate similar claims or conduct any class or representative proceeding, nor to make an award to any person or entity not a party to the arbitration. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE LAWSUIT you might have against the Company, including (but not limited to) class claims relating to any alleged failure to provide services, misrepresentations, or breaches of duty. This class action waiver is an essential part of our arbitration agreement and cannot be severed from it.
If for any reason the class action waiver is found to be unenforceable or unlawful, or if any court or arbitrator rules that the arbitration may proceed on a class or representative basis, then the entirety of the arbitration agreement (Section 15) shall be null and void, and in such case you and the Company agree that exclusive jurisdiction and venue described in Section 14 shall govern any action arising out of or related to these Terms.
Opt-Out Procedure: If you are a new user of the Site, you can choose to opt out of the arbitration and class action waiver provisions of this Section 15 by mailing or emailing us a written opt-out notice. The opt-out notice must be received by the Company within 30 days of the date you first agreed to these Terms (for example, the first time you use the Site after these Terms have gone into effect). You must send the opt-out notice via email to support@125plans.com or via U.S. Mail to Section 125 Solutions LLC (Attn: Legal/Arbitration Opt-Out) at the mailing address provided in Section 21 (Contact Information). Your opt-out notice must include your name, address, the email address you used to submit information on our Site (if any), and an unequivocal statement that you wish to opt out of the arbitration requirement.
Effects of Opting Out: If you opt out of the arbitration and class action waiver provisions as described above, then neither you nor the Company will be bound by those provisions. However, all other parts of these Terms will continue to apply. Opting out of this arbitration agreement has no effect on any previous or future arbitration agreements you may have with us.
If for any reason a Dispute between the Company and you is not subject to arbitration, you and the Company each knowingly and irrevocably waive any right to a trial by jury in any court proceeding. This waiver of jury trial shall remain in effect even if the class action waiver in Section 15.3 is limited, voided, or found unenforceable.
This Section 15 (Dispute Resolution – Arbitration and Class Action Waiver) shall survive any termination of these Terms or termination of your use of the Site or Services.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then that provision shall be deemed modified or limited to the minimum extent necessary to make it enforceable (or, if such modification is not possible, the provision shall be severed and ignored). The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which will remain in full force and effect.
Section 125 Solutions LLC shall not be liable for any delay, interruption, or failure to perform its obligations under these Terms, or for any disruption or limitation in the availability or functionality of the Site or Services, if such delay, interruption, or failure results from causes or events beyond our reasonable control. These include, but are not limited to, natural disasters, earthquakes, floods, fires, pandemics, public health emergencies, acts of war, terrorism, insurrection, civil unrest, cyberattacks, power outages, failure of internet or telecommunications systems, denial-of-service attacks, governmental orders or regulations, labor shortages, strikes, supply chain failures, or any other force majeure event or circumstance that materially impairs or prevents the normal operation of our platform or business. In the event of such circumstances, Section 125 Solutions LLC reserves the right to suspend, delay, or modify its Services, in whole or in part, without liability to users or third parties. We will, where practicable, make reasonable efforts to resume Services promptly once the force majeure event is resolved or subsides.
No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver of that or any other right, power, or remedy. The waiver of any breach or default of these Terms will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company.
Nothing in these Terms, nor your use of the Site or Services, shall be construed to create a joint venture, partnership, fiduciary, franchise, or agency relationship between you and Section 125 Solutions LLC. You are acting solely on your own behalf and for your own benefit, and you have no authority to act on behalf of or bind the Company in any way. Likewise, the Company is not an agent of you or your business. This also applies to any relationship between the Company and Third-Party Providers: we are independent parties. You acknowledge that neither party has the power to bind or obligate the other in any manner, unless explicitly agreed in writing.
You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the Company. Any attempted assignment, transfer, or delegation without such consent will be null and void and of no legal effect. The Company may freely assign or transfer these Terms (in whole or in part), or delegate any of its obligations hereunder, at any time and without your consent, including, without limitation, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms shall bind and inure to the benefit of the parties and their respective permitted successors and assigns.
These Terms, together with any documents, policies, or terms expressly incorporated by reference (such as our Privacy Policy), constitute the entire agreement between you and Section 125 Solutions LLC with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, with respect to the Site and Services. No oral or written information or advice given by the Company, or its agents or employees, shall create any additional Company warranties or obligations beyond those expressly stated in these Terms.
In case of any conflict between these Terms and any other policy or terms posted on the Site, these Terms shall control with respect to the subject matter in conflict. Notwithstanding the foregoing, to the extent the Site or Services require you to agree to any click-through agreement or supplemental terms (e.g., when signing up for a specific feature), those supplemental terms will also apply to the extent they are not inconsistent with these Terms.
If you have any questions, concerns, or comments about these Terms or our Services, or if you need to provide any notice under these Terms, you may contact us at:
Section 125 Solutions LLC
Email: support@125plans.com
Mailing Address: Section 125 Solutions LLC, Attn: Legal Department, Maricopa County, Arizona, USA (Exact address available upon request).
We will endeavor to respond to inquiries or notices in a timely manner. All legal notices (such as notices of dispute or requests to opt out of arbitration) should be sent to us in writing, preferably via email and certified mail, as described above.
602-737-3306
