Terms of Use (File Upload)
These Terms of Use apply to users who upload material to the ComplianceDashboard (“Dashboard”) and access and modify that material (collectively “Material”).
ComplianceDashboard, LLC makes this Document Upload Service (“DUS”) available at no additional charge to employers whose employees or agents use the Dashboard. The terms We, Us and Our refer to ComplianceDashboard, LLC. The terms You and Your refers to the employer whose employees or agents use the DUS. In consideration of Your use of the DUS, You agree to be bound by these Terms of Use:
- You are solely responsible for the content of the Material. You will not upload any Material that:
- violates the copyright, trademark, trade secret, right of publicity or other proprietary right of any third parties;
- contains Protected Health Information (“PHI”) as that term is used by The Health Insurance Portability and Accountability Act of 1996 as amended and any of its implementing regulations unless the data is encrypted in accordance with standards approved by the federal government for the protection of PHI (i.e., no PHI should be uploaded into the portal unless it is encrypted);
- violates the rights of any individual or entity to privacy or confidentiality under any other law, regulation or agreement;
- contains any virus, malware and other content that could be harmful to or disruptive of any of Our computer hardware or software or data, or that of Our affiliates and customers.
- exposes Us or Our affiliates to any civil or criminal liability;
- does not substantially relate to Your employee benefit plans.
- You are solely responsible for encryption, password protection and/or other processes intended to render Materials unreadable, inaccessible or unmodifiable by unauthorized parties. We have no obligation to treat the Materials as confidential or proprietary. We will not acquire any rights to use or ownership of any Materials solely as result of Your use of the DUS
- The DUS is not a backup service and You will not utilize it for that purpose.
- You, as the employer, are solely responsible for ensuring that Your employees and agents comply with these Terms of Use. You are liable for the acts and omissions of Your employees and agents regardless of whether they are acting within the scope of their authority.
- We have the right, but not the obligation, to review Materials to determine whether they comply with the Terms of Use and other standards and practices that we may employ. We have the right, in Our sole discretion, to remove any Materials without advance notice.
- While we will make commercially reasonable efforts to maintain the availability of the DUS at all times, We do not guarantee that we will do so. We may take the DUS off-line for normal maintenance, repair and upgrades. In addition, the DUS may become unavailable due to circumstances beyond our control. We will not be liable to You or any third party as a result of the unavailability of the DUS.
- We have the right to terminate Your access to the DUS or terminate the DUS generally at Our sole discretion and without prior notice.
- THE DUS IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- You agree to defend, indemnify and hold harmless, Us and Our affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the Your use of the DUS or in connection with any Material uploaded, accessed or modified under Your user ID and password.
- We may modify these Terms of Use at any time without notice.
- This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflicts of law principles. Any legal or equitable action arising out of this Agreement must be brought in the federal and state courts located in Marion County, Indiana. You hereby submit to the jurisdiction of those courts and irrevocably waive any and all objections that You may now or hereafter have to the venue of any such proceeding brought in such courts.
- These Terms supplement the terms of use generally applicable to this website.