User Agreement

Last Updated November 2, 2021

This describes the Terms of Use applicable to your subscription to the ComplianceDashboard (“Dashboard”). The terms “we”, “our,” and “us” refer to ComplianceDashboard, LLC and its affiliates.

The term “Subscriber” means a business entity (including, but not limited to, a corporation, partnership, association, and sole proprietorship) that is authorized to access the Dashboard.

A “Direct Purchaser” is a Subscriber that is purchasing access to the Dashboard directly from us.

A “Recipient” is a Subscriber that is receiving access to the Dashboard pursuant to an arrangement between us and a third party, for example, the Subscriber’s benefits consultant, benefits adviser, insurance agent, or broker.

The terms “you” and “your” refer to the Subscriber and its owners, officers, employees, and agents.

The term “User” refers to individuals whom you authorize to use the Dashboard.

HOW WE USE YOUR INFORMATION

Except as indicated below, we will not use or disclose any information that we may have about you for any purpose other than providing you with access to the Dashboard. However, we may use or disclose information that we have about you:

We will not provide your information to any third party to assist that third party in marketing its products or services.

OUR INTELLECTUAL PROPERTY RIGHTS

You agree that the Dashboard is solely the property of ComplianceDashboard, LLC and constitutes a valuable asset and trade secret of ComplianceDashboard, LLC.

Your subscription gives you a non-exclusive, non-transferable license to use the Dashboard during the term of your subscription to assist you with your compliance obligations. It does not give you any ownership rights in any of our intellectual property, or any other rights except as expressly set out in these Terms of Use.

You agree not to provide or otherwise make available any written materials, documents, charts, diagrams, test materials, or other information (“Materials”) relating to the Dashboard in any form, to any person other than your authorized User’s employees, without the prior written consent of ComplianceDashboard, LLC. In the event that the User does provide Materials to a person as permitted above, User shall ensure that the person receives the materials subject to the same constraints as those that apply to the User.

The Dashboard is accessed by software owned or licensed by us (“Software”). You may not copy, modify, distribute, sell, or lease the Software. You may not reverse engineer or attempt to extract the source code from the Software.

You may not disclose, sublicense, publish, print, release, distribute, or transfer the Dashboard or its content or materials to any other party. You may not use the Dashboard to provide compliance-related services to any person or entity other than you. This includes any business entity that is part of or in the same control group (as that term is used for federal income tax purposes) with you.

DISCLAIMERS

Material contained in ComplianceDashboard is a compilation of generally published information by the Department of Labor and other public agencies regulating employee benefit plans and employee benefit issues. It is not legal advice and should not be construed as legal advice. If legal advice or other professional assistance is or may be required with regard to any issues referenced in this website, the services of a competent legal or tax professional should be immediately sought.

COMPLIANCEDASHBOARD IS PROVIDED “AS IS”. WE MAKE NO SPECIFIC PROMISES ABOUT OUR SERVICES AND DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY APPLICABLE LAW.

WE SHALL NOT BE LIABLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUBSCRIPTION FEES THAT YOU PAID TO ACCESS THE COMPLIANCEDASHBOARD.

The inclusion of links within the Dashboard website is for informational purposes only. We do not warrant the accuracy of information that is found as a result of following links contained herein, nor does the inclusion of those links herein constitute endorsement of the content of any other website.

SUBSCRIPTION INFORMATION (DIRECT PURCHASERS)

You have purchased a subscription to the Dashboard for a one year period beginning on the date your payment is credited to our account. You cannot cancel this subscription except as provided in these Terms of Use.

Your subscription entitles you to have five authorized Users. All authorized Users must be employees of the same person or legal entity. If you use the Dashboard to provide services to other entities that are in same control group (as that term is used for federal income tax purposes) with you, you must purchase a subscription for each affiliated entity.

RENEWALS AND TERMINATION (DIRECT PURCHASERS)

No earlier than 60 days before your annual subscription expires, we will send you an invoice for the next renewal period. If you paid for your original purchase by credit card, we will automatically charge your credit card for successive annual renewal subscriptions. However, you may cancel your subscription effective upon any annual renewal date by giving us advance notice via email at: admin@compliancedashboard.net; or by mail at: ComplianceDashboard, LLC, 620 Dr. Calvin Jones Hwy, Suite 200, Wake Forest, NC, 27598, Attn: Customer Service.

We may change the price we charge for a subscription effective upon your annual renewal date.

We may terminate your subscription to the Dashboard if you or any User violates any provision in these Terms of Use.

We may terminate your subscription and access to the Dashboard at any time if we are terminating Dashboard services to all similarly-situated customers. If we do so, we will refund to you the remaining amount (if any) of your annual subscription fee.

THIRD PARTY, RENEWALS, AND TERMINATION (RECIPIENTS)

You are receiving access to the Dashboard pursuant to an arrangement between us and a third party. Subject to any limitations or conditions in that arrangement, your ability to access the Dashboard is between you and the third party. We are not liable for decisions made by that third party that affect your access to the Dashboard.

We may terminate your subscription and access to the Dashboard if you or any User violates any provision in these Terms of Use.

We may terminate your subscription and access to the Dashboard at any time if we are terminating Dashboard services to all similarly-situated customers or pursuant to the termination or modification of the arrangement between us and the applicable third-party.

CONTENT AND AVAILABILITY

We may change the look, operation, and content of the Dashboard at any time. However, we will not materially reduce the scope of the compliance areas that we cover.

Our goal is to maintain the Dashboard on-line 95% of the time. If we fail to meet that goal for a given month and if, during that month, you are unable to access the Dashboard solely because the Dashboard was off-line, please contact us and we will make an equitable adjustment in the pro-rated portion of your subscription fee for that month. However, you agree that this will be your sole remedy for inability to access the Dashboard.

In some cases, the Dashboard may not be available because of matters outside of our control. This includes issues with your equipment, your internet provider, and issues affecting the availability of the internet generally. It also includes downtime caused by acts of God, pandemic, the government, war, terrorism, or civil unrest. We will not include downtime caused by any of these types of events when determining whether we have met our 95% goal.

MISCELLANEOUS MATTERS

These Terms of Use do not create any rights in any third party. None of our employees or agents have the right to modify these Terms of Use except by posting them in this website. We do not waive any rights we may have under these Terms of Use even if we fail or decline to take action to address violations that may have occurred.

If a court or other governmental agency with authority to do so determines that a particular provision in these Terms of Use is unenforceable, this will not affect any other provisions.

All claims arising out of your use or inability to use the Dashboard, or involving matters governed by these Terms of Use, must be litigated in the state or federal courts in Marion County, Indiana. You consent to the personal jurisdiction of those courts. The laws of the State of Indiana will apply to all claims, except for Indiana’s rules regarding conflicts of law.

We may modify these Terms of Use from time-to-time and at any time without notice.

By accessing the content of the Dashboard, you are agreeing to the Terms of Use then in effect.