| Home » Legal & Privacy |
 |
 |
 |
| Legal & Privacy |
 |
 |
All 5500 forms filed with the United States Department of Labor under
the Employee Retirement Income Security Act (ERISA) are open for public
inspection. The United States Department of Labor makes this data available to the public.
The data on the Form 5500 or schedules, recreated on freeERISA.com,
appears exactly as it has been electronically delivered to freeERISA.com from the DOL.
Data and information is provided for informational purposes only. Neither
freeERISA.com, nor any of its affiliates shall be liable for any errors
or delays in the content, or for any actions taken in reliance thereon. By
accessing the freeERISA.com Web Site, a user agrees not to redistribute the
information found therein. freeERISA.com provides links to selected
companies for your convenience only. freeERISA.com shall not be liable for
any damages or costs of any type arising out of or in any way connected
with your use of the services and information on this Web Site.
When you browse freeERISA.com, you are required to complete a registration form
containing personal information, including your e-mail address, for
purposes such as correspondence, or participating in
online surveys. Like many other commercial Web Sites, freeERISA.com may
utilize a standard technology called a "cookie" to collect information
about how our site is used. If you provide us with your e-mail address, or
have done so in the past, we may, upon occasion, send you e-mail offers. We
may use information you have given us to, for example, provide a service,
measure interest in our various services and inform you about new products
and services. These offers may be based on information you provided in your
initial transaction with us, in surveys, from information that may indicate
purchasing preferences and lifestyle, as well as information available from
external sources, such as census bureau data. Primarily, these e-mail
offers will come from freeERISA.com. We may also, upon occasion, share
e-mail addresses with certain partners, or with other well-established
companies so that they can send you product and service offers that may be
of interest. freeERISA.com does not knowingly solicit data from children, and we
do not knowingly market to children. FreeERISA collects and stores all of the
information supplied by you when registered, and may at our discretion share
this information with third parties. To change any of your registration
information, please visit our update page at
http://www.freeerisa.com/customer/userupdate.asp.
This policy is effective as of January 1, 1998.
 |
 |
 |
| Message Board Terms of Service |
 |
 |
The freeERISA Message Boards are owned and operated by JDA Inc., the parent company of
freeERISA.com ("JDA"). By using the freeERISA
Message Board service (the "Service"), you accept and agree to be bound by the
following terms and conditions (the "Terms of Use"). Nothing in the Terms of Use
should be construed to confer any rights to third party beneficiaries.
1. Description of Service
The Service is an open-source message board system designed by phpBB that
allows users of freeERISA.com to communicate with each other on-line in a web-browsable
public forum.
Unless explicitly stated otherwise, the Service may be modified or terminated
at any time by JDA for any reason, and without notice, without liability to you,
any other user of the Service or any third party. Any new features that augment
or enhance the current Service shall be subject to the Terms of Use.
2. Your Responsibilities.
You understand that all data, text, information, links and other content
(collectively, "Content"), whether posted in public or restricted groups, is the
sole responsibility of the person from which such Content originated. This means
that you, and not JDA, are entirely responsible for all Content that you
publish, post, upload, distribute, disseminate or otherwise transmit
(collectively, "Post") via the Service. You understand that by using the
Service, you may possibly be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will JDA be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use
of any Content Posted via the Service. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content. You understand
that the technical processing and transmission of the Service, including
Content, may involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices.
3. JDA's Rights.
You acknowledge that JDA does not pre-screen, control, edit or endorse
Content made available through the Service and has no obligation to monitor the
Content Posted via the Service. If JDA discovers Content that does not appear to
conform to the Terms of Use, JDA may investigate and determine in good faith and
in its sole discretion whether to remove the Content. JDA will have no liability
or responsibility for performance or non-performance of such activities.
You agree that you are responsible for your own conduct and communications
while using the Service and for any consequences thereof. You agree to use the
Service only to send and receive messages and material that are legal, proper
and related to the particular topic. By way of example, and not as a limitation,
you agree that when using the Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;
- post any inappropriate, defamatory, infringing, obscene, or unlawful
Content;
- post any Content that infringes any patent, trademark, copyright, trade
secret or other proprietary right of any party (the "Rights"), unless you are
the owner of the Rights or have the permission of the owner to Post such
Content;
- post messages that promote pyramid schemes, chain letters or disruptive
commercial messages or advertisements, or anything else prohibited by the
forum owner.
- download any file Posted by another user of a Group that you know, or
reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a
file that is Posted;
- restrict or inhibit any other user from using and enjoying the Service;
- use the Service for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices
contained in or on the Service;
- interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
- use any robot, spider, site search/retrieval application, or other device
to retrieve or index any portion of the Service or collect information about
users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is
sponsored or endorsed by JDA;
- create user accounts by automated means or under false or fraudulent
pretenses;
- promote or provide instructional information about illegal activities or
promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a
destructive nature.
International users agree to comply with their own local rules regarding
online conduct and acceptable content, including laws regulating the export of
data to the United States or your country of residence.
While JDA prohibits such conduct and Content in connection with the Service,
you understand and agree that you nonetheless may be exposed to such conduct
and/or Content and that you use the Service at your own risk.
JDA claims no ownership or control over any Content submitted, Posted or
displayed by you on or through the Service. You or a third party licensor, as
appropriate, retain all patent, trademark and copyright to any Content you
submit, Post or display on or through the Service and you are responsible for
protecting those rights, as appropriate. By submitting, Posting or displaying
Content on or through the Service, you grant JDA a worldwide, non-exclusive,
royalty-free license to reproduce, adapt and publish such Content on the Service
solely for the purpose of displaying, distributing and promoting the Service or
any other JDA Services. This license terminates when such Content is deleted
from the Service. JDA reserves the right to syndicate Content submitted, Posted
or displayed by you on or through the Service and use that Content in connection
with other services offered by JDA.
4. General Practices Regarding Use and Storage
You agree that JDA has no responsibility or liability for the deletion or
failure to store any Content maintained or Posted by or through the Service. You
acknowledge that JDA has set no fixed upper limit on the number of transmissions
you may send or receive through the Service or the amount of storage space used;
however, we retain the right, at our sole discretion, to create limits at any
time with or without notice.
5. Links
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because JDA has no control over such sites and
resources, you acknowledge and agree that JDA is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any content on or available from such sites or
resources. You further acknowledge and agree that JDA shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content
available on or through any such site or resource.
6. User Privacy
As a condition of using the Service, you agree to the terms of the
freeERISA Privacy Policy, as
it may be changed from time to time. JDA will provide you notice of any
significant changes by placing a link on the JDA Groups home page or by email.
You understand and agree that JDA may access, preserve, and disclose your
personal information and the contents of your account in order to provide the
Service or if required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to comply with legal
process or protect the rights, property and/or safety of JDA, its affiliates or
the public. Personal information collected by JDA may be stored and processed in
the United States or any other country in which JDA or its agents maintain
facilities. By using the Service, you consent to any such transfer of
information outside of your country.
7. Disclaimer of Warranties
JDA and its affiliates, licensors, partners, suppliers, consultants and
agents ("JDA Entities") disclaim any and all responsibility or liability for the
accuracy, content, completeness, legality, reliability, or operability or
availability of information or Content displayed on the Service. The JDA
Entities disclaim any and all responsibility and liability for your conduct and
for the conduct of others using the Service.
THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY
INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND
SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
THE JDA ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion
or limitation of implied warranties, so the above disclaimers and exclusions may
not apply to you.
YOU AGREE THAT YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
8. Hold Harmless and Indemnity
You agree to hold harmless and indemnify JDA from and against any third party
claim arising from or in any way related to your use of the Service, including
any liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys' fees, of every
kind and nature. In such a case, JDA will provide you with written notice of
such claim, suit or action.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL JDA BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN
CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT JDA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I)
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE,
FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES),
AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL JDA
BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).
10. Term and Termination
These Terms of Use will apply to your use of the Service. You may terminate
your use of the Service immediately at any time, for any reason, by contacting
customer support. We may terminate your use of the Service immediately at any
time, for any reason, and at such time you will have no right to use the
Service. Our proprietary rights, disclaimer of warranties, indemnities,
limitations of liability and miscellaneous provisions shall survive any such
termination.
11. Miscellaneous Provisions
These Terms of Use will be governed by and construed in accordance with the
laws of the District of Columbia, without giving effect to its conflict of laws
provisions or your actual state or country of residence. The parties agree to
submit to the personal and exclusive jurisdiction of the courts located in the
District of Columbia. If for any reason a court of competent jurisdiction finds
any provision or portion of the Terms of Use to be unenforceable, the remainder
of the Terms of Use will continue in full force and effect. You shall not assign
these Terms of Use or assign any rights or delegate any obligations hereunder,
in whole or in part, whether voluntarily or by operation of law, without our
prior written consent. Any such purported assignment or delegation will be null
and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall JDA be held
liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures, electrical power
failures, strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, floods, storms, explosions, acts of God,
war, governmental actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat, light, or
air conditioning.
These Terms of Use constitute the entire agreement between you and JDA with
respect to the subject matter hereof and supersede and replace all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of the Terms of Use by a party will
be effective only if in writing and signed by a party.
This policy is effective as of July 1st, 2005.
|
|