These Website Terms of Use (the “Terms”) govern your access to and use of the websites located at axiomaticdata.com and any related subdomains, including the Axiomatic Plan Intelligence application (collectively, the “Site”), operated by Axiomatic Data LLC (“Axiomatic,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not access or use the Site.
These Terms govern general use of the Site by all visitors, including browsing, marketing and informational pages, publicly accessible directories, and any sample or preview data, and they continue to apply to subscribers when they use those portions of the Site. Access to Axiomatic’s paid data products, including bulk data feeds, API endpoints, and subscriber analytics and reporting, is provisioned only under an executed Order Form and the separate End-User License and Data License Agreement (the “EULA”). In the event of a conflict between these Terms and the EULA, the EULA governs with respect to the licensed data and products, and these Terms continue to govern general use of the Site.
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The Site is intended for business and professional use. By using the Site, you represent that you are at least 18 years of age and that, if you are using the Site on behalf of a company or other entity, you have authority to bind that entity to these Terms, in which case “you” refers to that entity. You agree to use the Site only for lawful purposes and in accordance with these Terms.
Axiomatic operates an online data service that organizes, structures, and presents information derived from U.S. Department of Labor Form 5500 filings and related public records concerning employee benefit plans, together with analytics, rankings, scores, and other insights we develop. Portions of the Site are informational and publicly accessible; other portions require a registered account and a paid license. The Site, and the information made available through it, are provided for general business and informational purposes and do not constitute investment, legal, tax, accounting, or fiduciary advice.
Account credentials. Certain features of the Site require you to register for an account and to access the Site using a unique user identifier and password. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Credentials are personal to the authorized user to whom they are issued and may not be shared with, pooled among, transferred to, or used by any other person or across teams. You agree to notify us promptly of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your credentials.
Trial and evaluation accounts. Trial, evaluation, and other prospective accounts are provided solely for the account holder’s own internal evaluation of the Services. Each such account is limited to a single individual, and its credentials are personal and non-transferable. You may not register for or operate multiple trial or evaluation accounts, or otherwise use trial accounts, to extend or renew an evaluation period or to exceed or circumvent any evaluation or usage limit. We may limit, suspend, or revoke any trial or evaluation account at any time, with or without notice.
You agree that you will not, and will not permit any third party to:
These restrictions apply to the content and data as compiled, structured, cleaned, normalized, and presented by Axiomatic. They do not restrict your ability to obtain the same underlying public records independently from their original government sources.
Underlying public data. The Form 5500 filings and related government records that form the source of Axiomatic’s data are public records and are not owned by Axiomatic. We claim no proprietary right in those underlying facts as such.
Axiomatic property. As between you and Axiomatic, we own and retain all right, title, and interest in and to: (a) the Site and its software, design, user interfaces, and “look and feel”; (b) the compiled databases we create, including the selection, structuring, coordination, arrangement, cleaning, and normalization of data; (c) our proprietary scores, rankings, methodologies, mappings, and analytics (including, without limitation, our composite scores, Plan Score, and Opportunity Score); and (d) the Axiomatic name, logos, and other trademarks and service marks (the “Marks”). These are protected by copyright, trade secret, trademark, and other laws. Except for the limited rights expressly granted, no rights are granted to you by implication, estoppel, or otherwise.
Limited license to informational content. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the publicly accessible portions of the Site for your internal business and informational use. You may not use our Marks without our prior written consent.
If you provide us with suggestions, ideas, or other feedback regarding the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback for any purpose, without obligation or compensation to you.
The Site may contain links to third-party websites or resources. We provide these links for convenience only and do not endorse and are not responsible for the content, products, or services on or available from those websites or resources. Your use of third-party websites is at your own risk and subject to their terms.
Our collection and use of information in connection with the Site is described in our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy at axiomaticdata.com/privacy.
THE SITE AND ALL CONTENT, DATA, SCORES, RANKINGS, AND MATERIALS MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. AXIOMATIC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Because our data is derived from public government filings prepared by third parties, we do not warrant that the content is accurate, complete, current, or error-free. Nothing on the Site constitutes investment, legal, tax, accounting, or fiduciary advice, and you are solely responsible for any decisions you make based on the Site. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AXIOMATIC OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AXIOMATIC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE (AS DISTINCT FROM ANY PAID DATA PRODUCT GOVERNED BY THE EULA) WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Axiomatic and its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your access to or use of the Site, your violation of these Terms, or your violation of any rights of a third party.
We may suspend or terminate your access to all or part of the Site at any time, with or without cause and with or without notice, including if we believe you have violated these Terms. Upon termination, the rights granted to you will cease, and Sections 5 through 16 will survive.
We may modify the Site or these Terms at any time. If we make material changes to these Terms, we will update the “Last Updated” date and, where appropriate, provide additional notice. Your continued use of the Site after changes become effective constitutes your acceptance of the revised Terms.
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of, and venue in, those courts. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH PROCEEDING.
These Terms, together with the Privacy Policy and any applicable EULA, constitute the entire agreement between you and Axiomatic regarding the Site and supersede all prior understandings. If any provision is held unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely. These Terms create no third-party beneficiaries. We will not be liable for any failure or delay caused by events beyond our reasonable control. You consent to receive communications from us electronically.
Questions about these Terms may be directed to Axiomatic Data LLC at 505 West End Avenue, New York, NY 10024 or info@axiomaticdata.com.