Terms of Use
These Terms of Use constitute a binding contract between You and FreeERISA, a website of Summit Professional Networks Inc ("FreeERISA"). Your access to and continued use of the FreeERISA Web site located atwww.freeerisa.com (including any successor site) (the "FreeERISA Site") constitutes Your acceptance, without limitation, of the terms and conditions of these Terms of Use. If You do not agree to be bound by these terms, You may not access or use the FreeERISA Site.
Permitted and Prohibited Uses
Permitted Uses. You may access and use such portions of the FreeERISA Site for which neither registration nor a fee is required (but not any other portions of the FreeERISA Site, including, without limitation, any features and services for which registration is required (collectively, "Registration-Based Products"), and any fee-based features or services, such as features and services associated with "FreeERISA Premium" and "Judy Diamond Associates" (collectively, "Fee-Based Products")) for the following purposes:
- Evaluating employee benefits news and data.
You may download and print information from the FreeERISA Site in connection with the Permitted Uses. FreeERISA reserves all rights not expressly licensed. If You desire to access or use any Registration-Based Products, You can do so only by agreeing to the User Agreement with respect thereto. If You desire to access or use any Fee-Based Products, You can do so only by agreeing to the License Agreement with respect thereto. Only one individual may have access Your FreeERISA account.
Prohibited Uses. You may not:
- use the FreeERISA Site other than as authorized by these Terms of Use;
- use the FreeERISA Site for the benefit of any third party, other than as part of a Permitted Use;
- republish or distribute information from the FreeERISA Site (including by posting same on any other Web site);
- modify information from the FreeERISA Site except in connection with a Permitted Use;
- disassemble, decode, decompile, or otherwise reverse engineer the FreeERISA Site, including, without limitation, any interfaces or software programs comprising the FreeERISA Site;
- take any action that would impede or interfere with the operation of the FreeERISA Site or alter the contents of the FreeERISA Site, or alter or interfere with any other content, site or software that FreeERISA owns or controls;
- directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of the FreeERISA Site, any database thereon and/or any content thereon, or any portion thereof;
- use any data mining, robots or similar data gathering and extraction methods with respect to the FreeERISA Site or any portion thereof; or
- use the FreeERISA Site directly or indirectly in competition with FreeERISA in any way whatsoever.
Access to the FreeERISA Site
FreeERISA reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the FreeERISA Site. FreeERISA further reserves the right to impose registration, password and other security precautions on access to and use of the FreeERISA Site.
Privacy Policy
You agree to the terms of our Privacy Policy, which is incorporated by reference.
Legal Notices and Proprietary Rights
You agree not to take any action that would infringe, misappropriate, or violate FreeERISA's intellectual property interests.
All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to FreeERISA. FreeERISA retains title to this Site and all property rights therein. All materials supplied to You or authorized under these Terms and Conditions, included printed matter or electronic data, remain the sole property of FreeERISA. Except as expressly provided, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
You understands and agrees that the Site constitutes proprietary information of FreeERISA and contains trade secret material compiled and owned by FreeERISA. You will not provide any of the Site or any medium on which it is supplied or to which it may be copied to any person Yourself. In no event shall materials from this Site be stored in any information storage and retrieval system without the prior written consent of FreeERISA.
You agree not to upload or otherwise place any information on the FreeERISA Site that would infringe or otherwise violate anyone's intellectual property interests or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation.
You warrant that you are in no way acting as agent or representative of any undisclosed principal.
ACCURACY AND WARRANTY DISCLAIMERS
FreeERISA does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the FreeERISA Site (including, without limitation, any database accessible via the FreeERISA Site and its content) or linked from the FreeERISA Site. Information is derived from IRS Forms 5500, Forms 5310, Top Hat, and other filings filed by the various entities or their voluntary responses to a FreeERISA questionnaire. FreeERISA does not edit or control the financial information it receives, although it may (in its sole discretion) note obvious mathematical errors that it believes may exist in the materials as received by it. FreeERISA is not responsible for the content of any information provided in the News section.
Due to, among other things, the possibility of human and/or mechanical error, FreeERISA shall not be responsible for any errors or omissions on the FreeERISA Site. FreeERISA makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, any content thereon. FreeERISA shall not be liable for any damages of any kind incurred as a result of the information posted on the FreeERISA Site including, without limitation, any content thereon.
FREEERISA MAKES NO WARRANTY THAT THE FREEERISA SITE IS BUG FREE OR ERROR FREE, THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR AGAINST INFRINGEMENT. THE FREEERISA SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." FREEERISA HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY INFORMATION, EFFORTS, SERVICES OR SYSTEM PROVIDED BY FREEERISA WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FREEERISA MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY'S SOFTWARE AND/OR EQUIPMENT.
LIMITATIONS ON LIABILITY; INDEMNITY
IN NO EVENT SHALL FREEERISA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING IN CONNECTION WITH THESE TERMS OF USE, THE FREEERISA SITE, ANY DATABASE OR CONTENT THEREON OR THE USE OR INABILITY TO USE THE FREEERISA SITE, OR ANY DATABASE OR CONTENT THEREON, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED OR REGARDLESS OF WHETHER FREEERISA HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY.
You agree to indemnify, defend and hold harmless FreeERISA, its affiliates, and their respective officers, directors, employees, agents, successors, assigns, licensors, partners, joint venturers, customers and any other person or entity involved in the creation, production and/or distribution of the FreeERISA Site, from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys' fees and expenses) incurred in connection with or arising from any breach by You of these Terms of Use or resulting in connection with or arising from Your use of the FreeERISA Site.
Endorsement Disclaimer
FreeERISA does not endorse, support, sanction, or verify the information or material on or accessible via the FreeERISA Site. Unless otherwise specifically indicated, FreeERISA does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the FreeERISA Site, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person.
Disclaimer Regarding Financial and Legal Advice
The information on the FreeERISA Site is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions.
Ads Disclaimer
FreeERISA reserves the right to edit, categorize, revise, or refuse any advertisement. In addition, FreeERISA has the right to terminate any ad at any time for any reason.
Parties posting ads are responsible for the accuracy and content of their ads. FreeERISA will not be liable for any damages arising out of errors or omissions.
FreeERISA and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any of the ads located on the FreeERISA Web site. Due diligence is recommended before entering into any agreement with an advertiser. FreeERISA will not be held liable for any damages of any kind relating to any ad.
Disclaimer Regarding Information Sent to the FreeERISA Web Site
You are solely responsible for the documents you submit to the FreeERISA Web site or its staff. You are advised to block any signatures, social security numbers, and personal addresses from information that you submit. FreeERISA reserves the right to refuse any information. In addition, FreeERISA has the right to terminate any information at any time for any reason. FreeERISA and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any of the information on the FreeERISA Web site. FreeERISA will not be held liable for any damages.
Termination; Equitable Remedies
FreeERISA may terminate these Terms of Use (including Your rights hereunder) at any time, with or without notice and with or without cause. Terms of these Terms of Use that, by their nature, survive the termination or expiration of these Terms of Use, shall so survive.
You acknowledge and agree that any unauthorized use or disclosure by You of the FreeERISA Site or any infringement or violation of FreeERISA's intellectual property rights, shall cause FreeERISA irreparable injury for which FreeERISA could not be fully compensated by money damages. You agree that, in the event of such a violation, FreeERISA would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that FreeERISA would be entitled to recover from You its attorneys' fees and costs incurred in seeking and obtaining such relief.
Force Majeure
FreeERISA shall have no liability whatever for delays or interruptions in delivery or accessibility of any of the FreeERISA Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond FreeERISA's reasonable control.
Dispute Resolution
These Terms of Use shall be governed and construed by the laws of the State of Kentucky, without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the FreeERISA Site, You are transacting business in the State of Kentucky and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the FreeERISA Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the State of Kentucky, and You consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys' fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year.
Modification of These Terms of Use
FreeERISA reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms of Use (as well as its User Agreement, the License Agreements to our Fee-Based Products and the Legal Notices and Privacy Policy referenced in these Terms of Use) at any time by posting such modified versions on the FreeERISA Site. You agree to monitor regularly these Terms of Use as they appear on the FreeERISA Site. Your continued use of the FreeERISA Site after the posting of any modified versions shall constitute agreement to these Terms of Use. These Terms of Use may be modified by Your agreement to any User Agreement and/or a License Agreement or License Agreements to one or more of our Fee-Based Products. These Terms of Use may not otherwise be modified or amended.
Notices
Except as is stated herein to the contrary, any notices to FreeERISA must be given by postal mail sent to FreeERISA's headquarters as then listed on the FreeERISA Site. Any notices to You will be sent to the e-mail address that You provide to FreeERISA.
Refunds
If You have purchased a Fee-Based Product and you are not completely satisfied with the product, FreeERISA will refund the You an amount up to the purchase price. All refund requests must be made within 30 days of purchase. FreeERISA will not accept any refund requests made after You have exported data from the Site. FreeERISA reserves the right to track whether an export has been made. Refunds are granted at the discretion of FreeERISA.
Severability
Should any term of these Terms of Use be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, FreeERISA and You agree that such provision shall be automatically severed and the remainder of these Terms of Use that can be given effect shall continue to be given effect.
Entire Agreement
Subject to the following sentence, these Terms of Use constitute the entire agreement between FreeERISA and You with respect to the subject matter of these Terms of Use, and supersede all prior agreements, understandings or representations between You and FreeERISA with respect to the subject matter of these Terms of Use. These Terms of Use do not supersede or alter any User Agreement and/or License Agreement to one or more of our Fee-Based Products; and You must comply with the terms of these Terms of Use and each such other agreement to which You have agreed or may agree in the future. In the event of a conflict between these Terms of Use and any such other agreement to which you have agreed or in the future agree, the terms of such other agreement shall control. These Terms of Use may not be modified except in writing and as is permitted herein.
This policy is in effect as of September 9, 2009.
