Calculator Terms & Conditions of Use

By using the Calculator (as defined below), you agree to these Terms and Conditions of Use (“Terms of Use”).

1. DEFINITIONS
The “Calculator” shall mean the online tool provided by the Society of Actuaries (“SOA”) designed to allow users to perform tabulations on Form 5500 data for approximately 1200 multiemployer pension plans and to output distributions of the results and any periodic updates and any other software or documentation which enables the use of the Calculator.

2. DATA PROTECTION
Any personal or confidential information entered into the Calculator will not be shared with any third party or used by the SOA in any other manner.

3. PROPRIETARY RIGHTS AND LICENCE
3.1. All trademarks, copyright, and other intellectual property rights of any nature in the Calculator and the underlying software code are owned either directly by the SOA or by the SOA’s licensors.

3.2. The SOA grants you a worldwide, non-exclusive, royalty-free revocable license to use the Calculator for your personal use in accordance with these Terms of Use.

4. CONDITIONS OF USE
4.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Calculator; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Calculator; (iii) create derivative works of the Calculator of any kind whatsoever; (iv) use the Calculator in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously for example by hacking into or inserting malicious code into the Calculator or other operating systems; (v) or use the Calculator in a way that could damage, disable, overburden, impair or compromise the SOA, its systems or security or interfere with other users.

4.2. The Calculator is currently made available to you free of charge for your personal or professional use. The SOA reserves the right, in its sole discretion, at any time and for any reason, to (i) amend or withdraw the Calculator, (ii)change the terms and conditions upon which the Calculator is provided, (iii) charge for the Calculator or service provided to you in accordance with these Terms of Use, (iv) or, without notice, terminate or otherwise limit your access to the Calculator in the event that we believe that you are in breach of or have failed to comply with any of these Terms of Use, in which event all rights granted to you hereunder shall immediately cease.

5.5. When using the Application online, the SOA Website Terms and Conditions of Use will apply.

6. AVAILABILITY
6.1. The SOA will use reasonable efforts to make the Calculator available at all times. However, you acknowledge the Calculator may be affected by factors outside of the SOA’s reasonable control and may be rendered unavailable during periods of maintenance.

6.2. The SOA does not accept any responsibility whatsoever for unavailability of the Calculator, or any difficulty or inability to download or access content or any other communication system failure which may result in the Calculator being unavailable.

6.3. The SOA will provide support and/or maintenance for the Calculator. Support for Calculator errors or defects is available by emailing customerservice@soa.org. The SOA will not be responsible for ensuring 100% availability of the Calculator, and email support is only offered from 9:00 – 5:00 PM CST.

7. LIMITATION OF LIABILITY
7.1. In no event will the SOA be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Calculator.

7.2. The SOA is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Calculator.

8. DISCLAIMER OF WARRANTIES
8.1 The SOA disclaims all express and implied warranties with regard to the Calculator. The Calculator is provided "as is" and "as available".

8.2 The SOA does not warrant the Calculator as fit for use in any respect. You use the Calculator at your own risk. The SOA disclaims all responsibility for any party’s use or misuse of the Calculator and for any work product generated through use or misuse of the Calculator.