Revised April 28, 2019
All references to “you”, “your”, refer to any person who uses the Total Administrative Services Corporation (TASC) tasclargemarkets.com system and blog (the Sites).
Welcome. Welcome to tasclargemarkets.com and the tasclargemarkets.com blog, also referred to as the Sites, owned and operated by TASC.
If you have questions regarding these Terms, please contact TASC at (800) 422-4661.
Restrictions on Use. TASC and its content providers own all of the content, materials, and other intellectual property related to and found on the Sites, including without limit all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, “Materials”). You have no rights to the Materials, except as expressly set forth in these Terms. Any other use of the Materials, except as permitted by these Terms, is expressly prohibited.
Material content is registered and/or protected by U.S. and international copyright, trademark, and other laws. You agree to respect all copyright and other proprietary notices and marks contained on the Materials. You agree not to delete or change any copyright or trademark notices on the Materials. You agree not to alter or modify the content in any manner without the express written permission of TASC.
You further agree that you may not:
- Use the Sites to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party, or that violates these Terms;
- Copy (except for noncommercial personal use), modify, distribute, create any derivative or compilation work from TASC Materials, or
- Display TASC’s name or logo, or any text, graphic images, or other content from the Sites, or
- Redeliver Materials using framing or similar technology; or
- Use any device designed to provide repeated automated access to the Sites other than those made generally available by TASC;
- Include any Materials, the name of any TASC personnel, or any variation of these items as a metatag or hidden textual element, or
- Create a false or misleading impression of affiliation, sponsorship, or endorsement between TASC and you, any other party, or any other website, or otherwise use these items without TASC’s express written permission; or
- Collect, harvest, store, transmit, or publish personal data about other users of the Sites (unless allowed under the written terms of a contract between you and TASC); or
- Upload, e-mail or otherwise transmit to TASC or through the Sites or any TASC computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Sites or any computer software, hardware or communications equipment that is owned, leased or used by TASC; or
- Create a link to the Sites without TASC’s prior written permission; or
- Use the Sites to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law; or
- Use any robot, spider, scraper, or any other automated means to access the Sites for any purpose without TASC’s express written permission; or
- Forge any TCP/IP packet header or any part of the header information in any email or posting; or
- Take any action that imposes, or may impose, in TASC’s sole discretion, an unreasonable or disproportionately large load on the TASC infrastructure; or
- Interfere or attempt to interfere with the proper working of the Sites, or any activities conducted on the Sites; or
- Bypass measures used by TASC to prevent or restrict access to the Sites, violate or attempt to violate the security or authentication measures, or attempt to prove, scan, or test the vulnerability of the Sites or other TASC network without proper written authorization from TASC, or
- Impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false e-mail or other headers, or otherwise conceal your identity from TASC for any purpose.
TASC reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing TASC to disclose such information. TASC reserves the right to temporarily or permanently revoke access to the Sites for anyone who performs the acts listed above.
You agree that TASC is not responsible for any actions or losses incurred by actions of a third party that you provided your identity, such as a professional service provider that assists you in your employee benefits management. TASC liability limitations and obligations will apply to actions or omissions of a third party to the same extent as made applicable to your actions or omissions.
You agree that any information you provide to TASC, whether through the registration process or otherwise, including, without limitation, your name, postal address, ZIP code and country, email address and telephone number, your employer's name, your title within employer, level in organization, job function, company type, company revenue and number of company employees and any other personally identifiable information whether through questionnaires, registration forms, or other information requests, will be true, accurate, current, and complete. You agree not to provide information that is false, inaccurate, misleading, or fraudulent.
You are solely responsible for all transactions and transmissions that occur through your use of the Sites, and it is your responsibility to maintain and promptly update your information as needed. You agree that TASC is not liable to you or any third party for damages or losses related to the accuracy or your disclosure of your information. It is your responsibility to use the Sites in a manner that maintains the confidentiality of your Information, and the information of other users.
Your Required Cooperation. You agree to limit the use of the Sites to meet the service requirements outlined in the Materials, including but not limited to providing necessary and timely responses to requests for data, information, or the completion of other necessary activity. You agree to respond to TASC inquiries such as requests for mitigation of any data breach.
Applicable Law. TASC controls and operates the Sites from its offices within the State of Wisconsin in the United States. If you choose to access the Sites from other locations, you do so at your own risk and you are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to TASC and your use of the Sites.
Exports. You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. You acknowledge that export of the products or services and any related documentation, in whole or part, contrary to United States law is prohibited. You agree that no part of the products or services available through the Sites, either in whole or part, is being acquired for shipment, transfer, or re-export, directly or indirectly, to proscribed, embargoed, or prohibited countries or their nationals, denied destinations, or for prohibited activities or for weapons.
Severability and Waiver. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining Terms which shall remain in full force and effect.
TASC failure or delay to exercise any right, power or privilege hereunder shall not operate as a waiver hereof, except as expressly provided herein. Any waiver by TASC of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by TASC.
Restrictions on Services. You agree that you may not use our Sites for any:
- Activity that violates a federal, state, local municipality or subdivision’s law or regulation with competent jurisdiction,
- Fraudulent or illegal activity,
- Activity related to ‘money laundering’ as that term is defined by federal and state laws, or avoiding any federal, state, or local taxes, or
- Purpose outside of the intended purpose stated in the TASC materials made available to you on the Sites or otherwise. This includes documents, materials, or other related items that are provided by TASC, your employer or other third party that sponsors your account.
You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false e-mail or other headers, or otherwise conceal your identity from TASC for any purpose.
TASC reserves the right to disclose the identity of anyone using an account on the Sites in a manner that is in violation of the above prohibitions to law enforcement authorities.
Headings. The headings of the sections in these Terms are strictly for convenience and shall not in any way be construed as amplifying or limiting any of these Terms.
NOTICES AND DISCLAIMERS
Legal and Tax Advice Disclaimer. TASC does not provide financial, legal, tax, or medical advice regarding any employee benefit programs or otherwise. Content regarding various life events and financial, legal, or tax concerns is provided for informational purposes only, and is not intended to be personalized or professional advice. Please consult with your financial, investment, legal, or tax advisor regarding the applicability of such content to you and its impact on your Sites use.
Website Linking and Cautions About Third-Party Information Included in the Sites. TASC may provide access to third party websites for your general informational use only. These links will allow you to leave the Sites. The linked websites are not under the control of TASC and TASC is not responsible for the contents of any linked website. By providing access to other websites, TASC is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website's sponsoring organization. TASC is not obligated to maintain, verify, update or post any corrections to any third party information for any reason.
Third Parties. Nothing in the Sites referencing a third party with whom TASC conducts business, and nothing in these Terms, shall be deemed to create;
- Any agency relationship, affiliation, or sponsorship between TASC and any third party,
- A partnership, joint ventures, or otherwise provide you or any third parties with any rights to act on TASC’s behalf.
TASC does not represent or guarantee the truthfulness, accuracy, completeness, timeliness, authorship, suitability of content, or reliability of communications posted by third parties, nor does TASC endorse any opinions expressed by users or any third parties using the Sites. Consequently, you agree that TASC does not guarantee, and is not liable to you for any third party content.
Disclaimers and Limitations of Liability. By using the Sites, you acknowledge and accept that there are risks, including, without limitation, the risk of harm by people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Sites and other parties that use the Sites for unauthorized or illegal purposes.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, AND CORRECTNESS). TASC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “TASC PARTIES”) MAKE NO REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN TASC, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON TASC’S BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO TASC.
YOU AGREE THAT TASC IS NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES.
IN NO EVENT SHALL THE TASC PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE AMOUNT DEFINED IN THE CONTRACT BETWEEN YOU AND TASC. IF YOU DO NOT HAVE A CONTRACT WITH TASC DEFINING AND LIMITING LIABLITIES, THEN THE TASC PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE ARE LIMITED TO THE AMOUNTS PAID BY YOU TO TASC TO PURCHASE THE PRODUCT OR SERVICE INVOLVED WITH THE CLAIM IN THE MOST CURRENT THREE MONTH PERIOD, OR IF YOU HAVE NOT PAID ANY FEES TO TASC THEN $100.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY TASC IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST TASC PARTIES. YOU AGREE THAT ANY CLAIM FOR ANY LOSSES NOT BROUGHT WITHIN ONE YEAR OF THE LAST EVENT RELATED TO THE LOSS SHALL BE DEEMED WAIVED AND RELEASED.
Indemnification. In consideration of your use of the Sites, you hereby agree to indemnify TASC and its subsidiaries, affiliates, officers, directors, employees, contractors, agents, and suppliers and any third party information or service providers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to your: (i) breach of these Terms, (ii) violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (iii) violation of any applicable law, rule, or regulation, (iv) negligence, recklessness, or misconduct, (v) unauthorized use of the Sites, and (vi) any event named above committed by a third party whom you allowed access to the Sites.
Copyright Agent for Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, TASC designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide TASC’s designated agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on any Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
TASC’s designated agent for notification may be contacted at:
Total Administrative Services Corporation
2302 International Lane
Madison, WI 53704
By Phone: 800-422-4661
By Fax: 608-661-9626 - Attn: TASC Compliance Department
Territorial Restrictions. the Sites may not be available in all jurisdictions due to local and state laws.
Termination, Removal of Materials, and Monitoring. You agree that TASC may terminate, restrict, or suspend part or all of your access the Sites, or delete any content transmitted to or through the Sites, at any time, at TASC’s sole discretion, without prior notice to you. TASC also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in TASC’s sole discretion, may create liability for TASC, its agents or its contractors, or may affect TASC’s business relationships or contracts with its agents or its contractors. TASC further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive, or do not conform to these Terms - though TASC shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to its posting. You agree TASC has the right, but is not obligated, to monitor your use of the Sites and any communications made by you related to such use in any manner; and you release TASC from any liability related to its monitoring activities. If TASC denies you access to the Sites, you agree to destroy all materials obtained from the Sites and all copies of those Materials with the exception of items you are required to maintain for you to meet ongoing legal requirements. You acknowledge that, upon termination, TASC may immediately deactivate or delete your access and account and all related information and files in your account and bar you from further access to the files, the Sites, and your account.