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.
4. CONDITIONS OF USE
5.5. When using the Application online, the SOA Website Terms and Conditions of Use will apply.
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 firstname.lastname@example.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.