Terms and Conditions of Use

This document is an Agreement that provides the Terms and Conditions of Use of the EZ ERISAPlan.com website (the “Website”). Please be sure to read this document, because it provides the legal terms and conditions and the rules of any use of the Website by anyone. Please note that EZ ERISA, LLC, the owner of the Website and all of its content, copyrights and any other property (“EZ ERISAPlan”) may change these terms at any time.

General Use and Applicability. Any person who reviews and accesses the site and explores its resources and information without actually creating a login with a user identifier and password, is considered a “Visitor.” If you establish an account on the Website with a user identifier and password, you are a “User.” If you are an Authorized Partner, which is an insurance brokerage, accounting firm, law firm or other firm that is under an agreement with EZ ERISAPlan to be an Authorized Partner, such entity is an “Authorized Partner” under these Terms and Conditions of Use. Any reference to “You” refers to all Visitors and all Users and all Authorized Partners. With any use of the Website, whatsoever, You agree to be bound by these Terms and Conditions, and any modifications to these Terms and Conditions

General Terms and Conditions. In consideration of use of the Website, You agree to: (a) provide true, accurate, current and complete information about yourself, and if you are an Authorized Partner, the information about your customer or client, as prompted by the applicable Website inquiry page and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by You is intentionally, or negligently untrue, inaccurate, not current or incomplete, EZ ERISAPlan reserves the right to terminate your access and your account, void all contracts and warranties, and refuse any and all current or future use of the Website. Authorized Partners of EZ ERISAPlan are subject to the standards in any separate agreement or authorization and when applicable, are fully permitted to resell the product produced on the EZ ERISAPlan Website. If you are not an Authorized Partner, You may not use or transfer the Website or use of or access to the Website, or its products or subscriptions in a manner that results in a resale of the products created on the Website.

Access to Website. You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the internet – the World Wide Web, including a computer and modem or other access device. If you are unable to access the internet and use the site, that is not the responsibility of EZ ERISAPlan.

Ownership Rights. EZ ERISAPlan is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the EZ ERISAPlan Website, and owns the copyright of the content and/or information on this Website, including but not limited to any screens appearing at the Website, and any systems, language, content, formats, styles, approaches and processes and all copies, extracts, and associated media thereof, all concepts, logic, protocols, and specifications related thereto, and all images, "applets," photographs, animations, video, audio, and/or text incorporated therein, as well as all patents, trademarks, trade names, inventions, copyrights, know-how, trade secrets, and other intellectual and industrial property rights, and any related applications or extensions, relating to the design, manufacture, operation, or service of EZ ERISAPlan, and as such, the EZ ERISAPlan Website and Products have been licensed to You and are not sold to You. This right may include other claims and other intellectual property rights. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. Visitors have no rights to download or copy anything from the Website. Users who are Authorized Partners, or Users who intend to or have purchased a subscription, will be provided with drafts and final documents and other material that is accessible for download and printing. Authorized Users and Users who purchase a subscription may use the resulting product as a licensee for as long as they want, but the Warranty protection provided only applies to active subscribers for the product. If You make other use of this Website, except as otherwise provided above, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. EZ ERISAPlan does not grant any license or other authorization to any Visitor or User or Authorized User, of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.

User and Visitor Conduct and Content. While using the Website, You may not:

  • download, copy, print or otherwise obtain copies of any content or code, whatsoever, except for those documents and product items that are provided with the subscription for Authorized Users and Authorized Partners;
  • restrict or inhibit any other user from using and enjoying the Website;
  • post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
  • post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
  • post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
  • upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Website which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
  • upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, as the Website is copyrighted as a collective work under U.S. copyright laws.

EZ ERISAPlan reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take You to other websites for which EZ ERISAPlan assumes no responsibility of any kind for the content, availability or otherwise. The content of the Website may vary depending upon your browser limitations.

No Protection for Visitors or Users Without A Subscription. For those Users or Authorized Partners who purchase a subscription, such subscription comes with a Warranty and that Warranty affords protections to the User and their Authorized Partner, as stated in the Warranty.

Otherwise, and in any other instance, where there is not an active Warranty in place, You agree that the use of the Website, applets, software, and content contained therein is entirely at your own risk and the following additional term applies:

FOR THOSE WHO ARE NOT SUBSCRIBERS WITH AN ACTIVE WARRANTY OR AN AUTHORIZED PARTNER, THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, EZERISA PLAN DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EZERISA PLAN AND ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT AND SERVICE PROVIDERS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF EZERISA PLAN, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Monitoring and Management. EZ ERISAPlan has no obligation to monitor the Website, but we may do so, including use, Users, Visitors and any other access or use at any time, for any reason and You agree to this access. As a Visitor or User, or Authorized user, You agree to disclose to EZ ERISAPlan any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its customers, including You.

Authorized Partners. Authorized Partners have use and access to the Website granted by EZ ERISAPlan on an individual basis and have other rights of Use and access to the Website. Authorized Partners are expressly subject to the terms and conditions of those other agreements and also are bound by the terms herein generally, but specifically, the Ownership Rights, the User and Visitor Conduct and Content, and the Dispute Resolution Sections of these Terms and Conditions of Use. EZ ERISAPlan has full discretion to interpret all terms that apply to Authorized Users and to resolve any conflicts between these Terms and Conditions and any other agreements that may apply.

Failure to Comply With Terms and Conditions and Termination. If any Visitor, User or Authorized Partner violates any of the Terms and Conditions of Use, or any other rules or policies established by EZ ERISAPlan, as EZ ERISAPlan determines them in its sole and absolute discretion, such Visitor, User or Authorized Partner acknowledges and agrees that EZ ERISAPlan may terminate your password or account or deny You access to all or part of the Website without prior notice at any time. You agree to defend, indemnify and hold EZ ERISAPlan and its affiliates, employees, attorneys and advisors harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website that violates any of these Terms and Conditions of Use, or any other rules or policies established by EZ ERISAPlan, as EZ ERISAPlan determines them in its sole and absolute discretion.

Disputes and Law. The Terms of Service and the relationship between you and EZ ERISAPlan shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. Any claims of any nature or type that arise in connection with the Website, or its underlying Warranty or products or services, are subject to mandatory and binding arbitration in accordance with the Rules of the American Arbitration Association, with such arbitration to be held in Cuyahoga County, Ohio.

Links from and to this Website. In the event that the Website includes information on Authorized Partners, including their Logos or other information, or includes links of any type, including resources or referrals, all Visitors, Users and Authorized Partners acknowledge and agree that EZ ERISAPlan has no responsibility for the accuracy or availability of information provided. Links to external web sites do not constitute an endorsement.

Other Information. EZ ERISAPlan takes reasonable and appropriate measures, including encryption, to ensure that any data and information entered into the Website is disclosed only to those who are authorized including Subscribers and their Authorized Partners. If a User or Subscriber has an Authorized Partner working on their behalf, the Authorized Partner has access to the User or Subscriber information for all purposes. By their nature, the products offered on the EZ ERISAPlan Website are not considered the private or proprietary or confidential property of the User or Authorized Partner, and in certain instances are part of the required reporting and disclosure requirements. You understand and agree that the Internet is an open system and we cannot and do not guarantee that the personal information You have entered will not be intercepted by others and decrypted. Based upon the foregoing, EZ ERISAPlan is not liable or responsible for security breaches.

Subscribers or Authorized Partners wishing to make purchases through the Website, are to supply certain information, including credit card or other payment mechanism information. You agree not to hold EZ ERISAPlan liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Website. You agree that all information you provide any merchant or information or service provider through the Website for purposes of making purchases will be accurate, complete and current. You agree to pay all charges incurred for subscriptions at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Website.

IRS Circular 230 Notice. Nothing in our communications with you (including, but not limited to, any emails, web site content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be "covered opinions" or any tax law or tax related advise whatsoever, as described in Circular 230. This applies to all Visitors, Users and Authorized Users without exception.

Miscellaneous. Any failure by EZ ERISAPlan to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by to be invalid, the interpretation of EZ ERISAPlan and its discretion in connection with the enforcement of these Terms and Conditions of Use will be respected.

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