EnsuredCompliance® Solution Terms and Conditions of Use
The EnsuredCompliance® Solution ("ECS") is provided by RTO Benefits, LLC (“RTO Benefits”), a Kansas limited liability company, and the use of this website (the “Website”) to utilize ECS is subject to these Terms and Conditions of Use (the “Terms and Conditions”). This Website enables persons to purchase approved, ERISA-compliant, ECS employee benefit plan documents. The documents consist of (i) plan documents and summary plan descriptions for the following employee benefit plans: Premium Only Plans, Flexible Spending Accounts, Health Reimbursement Arrangements, Transportation/Parking Plans and Wrap Plans, (ii) non-discrimination tests for Premium Only Plans, Flexible Spending Accounts and Section 105(h) Self-funded Plans, and (iii) Health Reimbursement Arrangements Summary of Benefits and Coverage, (collectively, the “Documents”). The templates for all Documents have been reviewed by a leading employee benefits law firm and approved as compliant with the requirements of ERISA ( the Employee Retirement Income Security Act of 1974), the federal law that governs employee benefit plans.
License. Subject to your payment of the applicable license fee(s) and your compliance with the other Terms and Conditions, RTO Benefits grants to you and your Authorized Users a license to access and use during the term of this Agreement the Documents, located at http://rto-benefits.com, or, if applicable, your dedicated website, including all updates, upgrades and other modifications thereto implemented by RTO Benefits.
“Authorized Users” means (i) your bona fide direct customers (“Your Customers”), and (ii) employers that are bona fide direct customers of Your Customers, that, in both cases, have been authorized to access and use the Documents. Any such authorization shall be in accordance with these Terms and Conditions, and you shall indemnify and hold harmless RTO Benefits from and against any and all liability, damages and expenses, including reasonable attorneys’ fees, incurred by RTO Benefits due to the access or use of the Documents by you or any Authorized User not in accordance with these Terms and Conditions.
Eligibility and Sign-Up. In order to purchase the Documents through this Website, you must have the legal capacity to enter into a binding contract. Registration is carried out by completing and submitting the Sign Up form found at http://rtobenefits.com/sign-up. By submitting the Sign Up form, you warrant that (i) you satisfy the eligibility requirements stated above, and (ii) you have read, understand and agree to these Terms and Conditions.
Term. By purchasing Documents through this Website, you agree to pay the applicable monthly fee amount indicated below for twelve (12) full months. If you do not provide written notice of nonrenewal to RTO Benefits through the ECS website at http://rtobenefits.com or by email to Support@rtocompany.com, at least 30 days before the end of the current initial or renewal term, your account will automatically renew for an additional 12-month term and you agree to pay the applicable monthly fee amount indicated below for an additional twelve (12) full months.
Fees and Document Volume.
Monthly fees are either:
$399.00 per month, for up to 350 Documents per year, or
$799.00 per month, for up to 1,000 Documents per year,
as selected by you. Your monthly fee obligation must be secured by a valid debit or credit card, and you authorize RTO Benefits to charge your monthly fees to your debit or credit card, in advance, for each monthly billing period. Additional Documents can be purchased using your debit or credit card at a rate of $50.00 per Document. Mid-plan-year revisions and modifications do not count as separate Documents and are not charged against your allotted number of Documents.
Your fee obligation is for full 1-year periods (initial and renewal terms). There is no proration or refund of fees for periods of less than 1 year.
Dedicated Website. Upon selection during the sign-up process, or subsequent written request to RTO Benefits, RTO Benefits will create a dedicated, branded, website for your use. The website will include the following features: customization of the Documents with your logo and colors; access to information to assist you in developing marketing materials directed at Your Customers; access to training videos and webinars on ECS and the Documents.
The fee for creating and maintaining the website will be $100.00 per month. This website fee obligation must be secured by a valid debit or credit card, and you authorize RTO Benefits to charge your website fee to your debit or credit card, in advance, for each monthly billing period.
Changes. This Website and these Terms and Conditions may be modified from time to time by RTO Benefits. Notice of any such modification will be posted on the ECS website at http://rto-benefits.com and/or emailed to you at your email address on file with RTO Benefits.
You agree to (i) regularly check the ECS website for changes and other developments, and (ii) keep RTO Benefits informed of your current email address.
Suspension, Termination and Other Action. If RTO Benefits is unable to charge your debit or credit card on file as provided in these Terms and Conditions, (i) your account will be suspended, (ii) the overdue amount will be subject to an interest charge of 1.5% per month, or the maximum rate allowed by law, whichever is less, and (iii) you will be responsible for all costs reasonably incurred in collecting the overdue amount, including but not limited to attorneys' fees.
RTO Benefits may terminate your account, without proration or refund, and pursue other legal remedies, in the case of:
the continued inability of RTO Benefits to collect your fees in accordance with these Terms and Conditions;
your failure to abide by these Terms and Conditions;
Ownership of Intellectual Property. All copyrights and other intellectual property rights in connection with the Website and the Documents are and shall remain the exclusive property of RTO Benefits. Neither you nor any Authorized User nor any other person shall:
Distribute, sublicense, rent, lease, loan or otherwise grant access to the Documents to any person, other than in accordance with these Terms and Conditions;
Modify, alter, translate or create derivative works from the Documents;
Exploit or use the Documents other than in accordance with these Terms and Conditions;
Reverse engineer, decompile, decode, decrypt, disassemble, or derive or attempt to derive the source code of the software of any Document;
Use the software of any Document for any purpose other than the creation of the Documents in accordance with these Terms and Conditions.
Limited Warranty. RTO Benefits warrants that the Document templates used by RTO Benefits in connection with this Website comply with the requirements of ERISA and other applicable federal law and do not infringe the intellectual property rights of any person. EXCEPT AS EXPRESSLY STATED HEREIN, RTO BENEFITS MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE DOCUMENTS, THEIR QUALITY, PERFORMANCE, MERCHANTABLILTY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Damages. IN NO EVENT WILL RTO BENEFITS, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE ENTERING INTO, PERFORMANCE OR BREACH OF THESE TERMS AND CONDITIONS, EVEN IF RTO BENEFITS KNEW OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARE CLAIMED IN CONTRACT, TORT, OR OTHERWISE.
Limitation of Liability. THE TOTAL LIABILITY OF RTO BENEFITS TO YOU OR ANY AUTHORIZED USER OF THIS WEBSITE SHALL BE LIMITED TO THE UNUSED PORTION OF THE FEES PAID BY YOU.
These Terms and Conditions and/or the use of this Website shall be governed by the laws of the State of Kansas, without regard to the conflicts of laws rules of same.
All disputes relating to these Terms and Conditions and/or the use of this Website shall be resolved by binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Arbitration shall take place in the metropolitan Kansas City, Missouri area.