Terms Of Use

AGREEMENT BETWEEN USER AND ERISA360

The ERISA360 Web Site is comprised of various Web pages operated by ERISA360.

The ERISA360 Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ERISA360 Web Site constitutes your agreement to all such terms, conditions, and notices.

Terms and Conditions for ACCESS to Pension Data Resources, Inc. (ERISA360.com) Products & Services
Effective: January 1, 2022

The following terms and conditions govern your use of Pension Data Resources, Inc. Services and the content available therein - Pension Data Resources, Inc. and the customer, by signing this Agreement, agree to and intend to be bound by the terms hereof, including those on the adjoining page, which are made a part of this Agreement. 

1.        License; Restrictions On Use; Confidentiality; Subscription Term & Cancellation Policy
You are granted a nonexclusive, nontransferable, limited license to access and use Pension Data Resources, Inc. and it's Content from time to time as made available to you. This license includes:

o   The right to electronically display Content retrieved from Pension Data Resources, Inc. to no more than one person at a time (Licensee). The right to obtain a printout or download of Content of Pension Data Resources, Inc. and to create a single printout or download via downloading commands of Pension Data Resources, Inc. (collectively, "Authorized Data"). Authorized Data may only be used by the Licensee.

o   ALL CONTENT WITHIN Pension Data Resources, Inc. IS CONSIDERED "CONFIDENTIAL". You are not authorized to distribute content or “Authorized Data” to a third party or discuss any confidential information or content within Pension Data Resources, Inc. outside of your authorized company or organization. You understand and acknowledges that such Confidential Information has been developed or obtained by Pension Data Resources, Inc. by the investment of significant time, effort and expense, and that such Confidential Information is a valuable, special and unique asset of Pension Data Resources, Inc. which provides Pension Data Resources, Inc. with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information at Pension Data Resources, Inc., you agree to hold in confidence and to not disclose such Confidential Information herein to any person or entity without the prior written consent of Pension Data Resources, Inc.

o   All Subscriptions are for incremental one year annually renewed terms beginning on date order is received & processed unless otherwise indicated on preceding order form page. Subscriptions will be automatically renewed after the initial subscription term unless terminated with 30 days written notice prior to annual order anniversary date. Subscription orders for periodic special offers or discounted pricing will be renewed at the full retail price at the end of the initial one year term. Prices are subject to change without notice. Request to terminate subscription must be submitted in writing with 30 days’ notice to Pension Data Resources, Inc., P.O. Box 802, Tampa, FL 33601 or email cancel@erisa360.com. All Sales are final. No Refunds.

2.        Access to Services 
Only individuals authorized by Pension Data Resources, Inc. may access and use Pension Data Resources, Inc.. Pension Data Resources, Inc. is not available without prior written license agreement to any individual(s), companies or organizations; specifically, individual(s) that work directly or indirectly or are affiliated with companies or organizations, including associations and not-for-profit associations, that offer retirement plan products & services defined as Service Providers. Service Providers include companies that offer retirement investment services, fund management, plan administration, record-keeping, consulting services, third party administration, trusteeship, master trusteeship, investment advice, benefits consulting, plan design, compliance, insurance, plan testing, brokerage, or financial planning. Without prior written agreement, access is denied to any company, organization or person working directly for, or associated with a company or organization that provides professional services to a Service Provider, if those services relate directly to the retirement aspects of the Service Provider’s business.

3.        Limited Warranty

o   Pension Data Resources, Inc. represents and warrants that it has the right and authority to make Pension Data Resources, Inc. and Content available pursuant to these General Terms and Conditions.

o   EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, Pension Data Resources, Inc. AND Content ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF Pension Data Resources, Inc. AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

4.        Limitation of Liability

o   IN NO EVENT WILL Pension Data Resources, Inc.. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

o   Further, Pension Data Resources, Inc. shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:

§  any errors in or omissions from Pension Data Resources, Inc. or any Content available or not included therein,

§  the unavailability or interruption of Pension Data Resources, Inc., any features, or any Content thereof, 

§  your use of the Online Services or Content, 

§  your use of any equipment in connection with Pension Data Resources, Inc.,

§  any delay or failure in performance beyond the reasonable control of Pension Data Resources, Inc.. 

5.        Miscellaneous

o   The provider of Pension Data Resources, Inc. may terminate access to Services at any time without notice. The provider of Pension Data Resources, Inc. may suspend or discontinue providing Pension Data Resources, Inc. without notice, and pursue any legal remedy available to it, if you fail to comply with any of your obligations hereunder. - Subscription will be automatically renewed annually unless cancelled by subscriber with 30 days written notice.

o   Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or sent electronically or displayed electronically in Pension Data Resources, Inc. by the provider thereof.

o   The failure of the provider of Pension Data Resources, Inc. to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 

The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access Pension Data Resources, Inc. without the prior written consent of the provider of Pension Data Resources, Inc.. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida. Any action under this agreement must be brought in Hillsborough County, FL.

ALL SALES ARE FINAL – No Refunds

MODIFICATION OF THESE TERMS OF USE

ERISA360 reserves the right to change the terms, conditions, and notices under which the ERISA360 Web Site is offered, including but not limited to the charges associated with the use of the ERISA360 Web Site.

LINKS TO THIRD PARTY SITES

The ERISA360 Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of ERISA360 and ERISA360 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ERISA360 is not responsible for webcasting or any other form of transmission received from any Linked Site. ERISA360 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ERISA360 of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the ERISA360 Web Site, you warrant to ERISA360 that you will not use the ERISA360 Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ERISA360 Web Site in any manner which could damage, disable, overburden, or impair the ERISA360 Web Site or interfere with any other party's use and enjoyment of the ERISA360 Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ERISA360 Web Sites.

USE OF COMMUNICATION SERVICES

The ERISA360 Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • 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 uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

ERISA360 has no obligation to monitor the Communication Services. However, ERISA360 reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ERISA360 reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ERISA360 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ERISA360's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ERISA360 does not control or endorse the content, messages or information found in any Communication Service and, therefore, ERISA360 specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ERISA360 spokespersons, and their views do not necessarily reflect those of ERISA360.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ERISA360 OR POSTED AT ANY ERISA360 WEB SITE

ERISA360 does not claim ownership of the materials you provide to ERISA360 (including feedback and suggestions) or post, upload, input or submit to any ERISA360 Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ERISA360, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ERISA360 is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ERISA360's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ERISA360 WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ERISA360 AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ERISA360 WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ERISA360 WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ERISA360 AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ERISA360 WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ERISA360 AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ERISA360 AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ERISA360 WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ERISA360 WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ERISA360 WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ERISA360 WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ERISA360 OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ERISA360 WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ERISA360 WEB SITE.

SERVICE CONTACT : admin@erisa360.com

TERMINATION/ACCESS RESTRICTION

ERISA360 reserves the right, in its sole discretion, to terminate your access to the ERISA360 Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the ERISA360 Web Site. Use of the ERISA360 Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ERISA360 as a result of this agreement or use of the ERISA360 Web Site. ERISA360's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ERISA360's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ERISA360 Web Site or information provided to or gathered by ERISA360 with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ERISA360 with respect to the ERISA360 Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ERISA360 with respect to the ERISA360 Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the ERISA360 Web Site are: Copyright 2025 ERISA360 and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.