Online Privacy Notice and Terms of Use
Effective October 1, 2018
Thank you for selecting Audit1. We understand the importance of protecting your privacy and only collect information required for our services.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE AUDIT1 SYSTEM. THIS SITE, INCLUDING ALL OF ITS FEATURES AND CONTENT IS MADE AVAILABLE BY AUDIT1,LLC (“COMPANY”) AND ALL CONTENT, INFORMATION, SERVICES AND SOFTWARE PROVIDED ON OR THROUGH SITE (“CONTENT”) MAY BE USED SOLELY UNDER THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) AND ANY OTHER AGREEMENTS THAT MAY BE PROVIDED BY THE COMPANY TO YOU IN ADVANCE OF USING THE CONTENT. BY USING THIS SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE REGISTER. ALL TERMS HEREIN SHALL BE IN ADDITION TO ANY TERMS WITHIN ANY SERVICES AGREEMENTS ENTERED INTO WITH THE COMPANY. FURTHER BY CONTINUING YOUR USE OF THIS SITE YOU ACKNOWLEDGE THAT SUCH USE SHALL BE DEEMED TO BE YOUR ACCEPTANCE WITH THE TERMS HEREIN.
Disclaimer and Limitation of Liability
WHILE CARE HAS BEEN TAKEN IN THE PREPARATION OF THE SITE AND THE CONTENT, THE SITE AND THE CONTENT IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED, STATUTORY, COLLATERAL, OR OTHERWISE, AS TO: QUALITY; ACCURACY; COMPLETENESS; LEGALITY; CURRENCY; RELIABILITY; EFFICACY OR FITNESS FOR A PARTICULAR PURPOSE; UNINTERRUPTED ACCESS TO THE SITE; ERROR-FREE OPERATION; AND, THE ABSENCE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS OR CORRUPTED DATA OR INFORMATION.
THE COMPANY AND/OR PROVIDERS OF CONTENT (INCLUDING, WITHOUT LIMITATION, INSURERS, BROKERS, PAYROLL PROVIDERS, OR ACCOUNTANTS WHO CONTRIBUTE TO THE CONTENT) SHALL HAVE NO LIABILITY, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, CONTINGENT, SPECIAL OR INCIDENTAL, RELATED TO OR ARISING FROM THE CONTENT, WHETHER BASED ON BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. FOR ABSOLUTE CLARITY ALL SUCH CONTENT PROVIDERS INCLUDING THE COMPANY SHALL HAVE NO LIABILITY FROM YOUR USE WHATSOEVER.
ANYONE USING THE APPLICATION DOES SO AT HIS OR HER OWN RISK, AND BY USING SUCH CONTENT AGREES TO INDEMNIFY THE COMPANY AND ITS CONTENT PROVIDERS FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) ARISING FROM SUCH PERSON’S USE OF THE APPLICATION AND THE CONTENT TO THE DETRIMENT OR OUTSIDE OF THE USE INTENDED FOR.
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. AUDIT1 WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SITE.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM OUR COMPANY, OUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
Audit1 Specific Terms
• Changes may be made at any time to Audit1, any text, guidelines, information, pictures, videos, data, hyperlinks, displays and other content contained within or associated with Audit1, without prior notice to you including any content. Your continued use of Audit1 shall constitute your acceptance to be bound by the Terms of Use and any changes thereto.
• The Company may alter, modify, update, suspend, discontinue, eliminate, cancel and/or terminate any aspect of Audit1, including the availability of any and all its features, at any time, in its sole discretion. The Terms of Use also govern any updates to, or supplements or replacements for, Audit1, which may also be subject to additional terms that will accompany such updates, supplements or replacements.
Personal Information
• Audit1 is committed to respecting the personal privacy of individuals using our system or app. Audit1 will not distribute, provide or sell individualized and specific personal information voluntarily supplied by a user to any third party, except that Audit1 reserves the right to disclose such personal information if such disclosure is made pursuant to a legal proceeding or otherwise required by law, or any underlying Broker or Insurer for whom your policy is written.
• Information collected by the Company is stored in a secure manner. However, you acknowledge that there are security and privacy limitations which are beyond the control of the Company and that the security, integrity and privacy of any and all information and data exchanged between you and the Company through any application cannot be absolutely guaranteed.
• For the purpose of the Application, the Company will collect information you provide to us including IP address, geolocation (if enabled by your device), documents and forms provided or uploaded to your account and other information arising from your use of the Application (collectively called “Data”).
Audit1 Platform
• Audit1 is a tool that namely will enable you to:
• Enter information regarding your insurance policies, payroll, accounting and insurance broker contact information;
• Access insurance related information;
• Upload required payroll and tax documents;
• Store copy of your subcontractor Insurance certificates;
• Request Policy Updates (although no Policy changes will be effective until confirmed by your Broker)
• View Payroll and Payment Details;
• Receive payroll, premium or documentation reminders and automated alerts;
We may suspend, cancel or block your access to or use of the Audit1 Application at any time and for any reason without notice should we feel you have violated the Terms of Use.
Usage and Security
• If you breach any provision of the Terms or you engage in any fraudulent, abusive or otherwise illegal activity, the Company may, in our sole discretion, restrict, suspend or terminate your access to Audit1 without notice.
• The Company does not provide and there are no express or implied warranties or conditions in relation to any app, including implied warranties or conditions of merchantable quality, fitness for a particular purpose, or non-infringement, or that any of the content of or features on an app will meet your needs or will be available for use at any particular time or will be error free.
• In connection with your use of each app, you acknowledge and agree that you are strictly prohibited from: (i) committing unauthorized intrusions into any part of the system or related app which are restricted from general access; (ii) circumventing security provisions in order to improperly access the app; (iii) uploading, posting or transmitting through or on this app any viruses or other harmful, disruptive or destructive files; (iv) provide your user credentials and passwords to unauthorized users; and (v) utilizing the system in any other manner so as to interrupt or interfere with the access to and/or usage of another party.
Use of System or App
• All related content may be used for lawful purposes only. The content may not be copied or distributed, or republished, uploaded, posted, decompiled, or transmitted in any way unless part of the core intent of the application use, without the prior written consent of the Company.
• All remarks, suggestions, ideas, graphics and other information (other than your personal information) communicated to Audit1 through any authorized party will forever be the property of the Company unless otherwise noted.
• You acknowledge that you are responsible for whatever material or information you submit through the system, and you, not the Company, have full responsibility for the information, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene or other material that would violate any law.
• You agree to comply with all applicable laws and regulations governing the use of Audit1.
• You acknowledge that;
• the information within the Audit1 system or other related software or application hereto is provided to the Company and not proofed or verified by the Company. Thus, the company has no liability for inaccurate information; and
• the Company accepts no liability flowing from any failure or miscalculation of the Audit1 system.
Copyright and Trademarks
• Audit1 and the content are protected by United States copyright, trademark and other laws.
• The Company retains all copyright, trademark and all other rights in the Content. No portion of this material may be used or reproduced, or distributed, transmitted or “mirrored” in any form, or by any means, without the prior written permission of Audit1.
• Certain names, words, titles, phrases, logos, icons, graphics or designs used in Audit1 may constitute trade names, registered or unregistered trademarks or service marks (“Trademarks”) of the Company or of third parties that are used under license. The display of Trademarks and those to which it is linked, does not imply the grant of any license to any other party.
• Other than as expressly permitted herein or by written agreement of the Company, your use of any of the Trademarks that appear are prohibited. You are advised that the Company will enforce its intellectual property rights to the fullest extent of the law, which may result in civil and/or criminal penalties.
Linked Applications and Web Sites
• Audit1 may contain links to other applications or websites which are not maintained by the Company. Should you leave the site via a link contained herein and view content that is not provided by the Company, you do so at your own risk.
• Links are provided for convenience only and should not be construed as an endorsement or approval by the Company. The Company shall have no liability for any loss or damage arising from your use of any such linked applications or websites.
• The Terms of Use and Privacy Policies applicable to such linked applications or websites may be different than those applicable to our Audit1 application, please ensure that you review such terms carefully.
• The Company may terminate a link at any time.
Authorization
• You represent and warrant that you are authorized and permitted under all laws applicable to you: to use the Services, to enter into this Agreement and comply with its terms, to meet your obligations hereunder and comply with all laws, regulations or policies that apply to the Services, including, without limitation, any and all import and export control regulations and laws.
Registration & Personal Information
• For our providing you Services, you must provide and maintain, true, accurate and current and complete information about you as promoted by the Application registration process (“Account”). As part of the registration process, each user will provide necessary information such as your name and will select a secure password (“Password”).
• You shall provide us with accurate, current and complete account information. Failure to do so shall constitute a breach of this Agreement, which may result in the immediate termination or suspension of your Account.
• You must have an Account to use the Services. Personal information provided to us is governed by our Privacy Policy which is incorporated by reference into this Agreement and laws related to personal information applicable to us. Your use of the services indicates your acceptance of the Privacy Policy.
Confidentiality
• You are responsible for maintaining the Confidentiality of your Account Information (including your Password) and are responsible for all activities that occur in your Account.
• You will notify us immediately of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
Care and Control of your User Information
• You are responsible for the care and control of your password, passcode, and verification questions and answers (“User Information”) You must take reasonable steps to safeguard and protect your User Information.
• Any usernames and passwords used for the Services are for individual use only. You shall be responsible for maintaining the security and confidentiality of your username and password (if any).
• The Company shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that the Company considers insecure, the Company will be entitled to require this to be changed and/or terminate your account.
Responsibility for Your Payments
• You are solely responsible for: (i) timely payments. It is your sole responsibility to determine if and when your payments are due. The Company will not be held responsible for any delayed or incorrect payments.
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS EMPLOYEES, AGENTS, AND DIRECTORS OR OTHER AUTHORIZED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SYSTEM; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE APPLICATION. IN SUCH A CASE, THE COMPANY WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
Governing Law and Jurisdiction
• These Terms and Conditions and the use of each app shall be governed by and interpreted in accordance with the laws of the state of Florida, and you irrevocably attorn to the non-exclusive jurisdiction of the courts of Sarasota County, Florida.
Entire Agreement
• These Terms of Use constitute the entire agreement between you and the Company with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
• If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remaining provisions of the Terms of Use will continue in full force and effect.
Revision of Terms of Use and Privacy Policy
• The Company reserves the right to make changes to these Terms of Use and our Privacy Policy from time to time without advance notice to you.
• When using this Application, you should review the current Terms of Use and Privacy Policy to determine if they have been amended since your last visit. You are bound by such revisions by continuing to use or visit the App after they are posted online.
Miscellaneous
• The Company may terminate your use without notice and in its sole judgment and discretion. Upon termination, you must destroy all materials obtained from an app and all related documentation and all copies thereof. You may not access the system after such termination without the written approval of the Company.
• The Company’s failure to enforce any provision of these Terms of Use shall not be construed as a waiver of such provision.
• These Terms of Use shall bind and inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.
• You shall not assign your rights or obligations hereunder without the Company’s prior written consent. The Company may assign this Agreement to any third party in our sole discretion.
• If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
• Use of this app, may be subject to additional Terms of Use of the provider that makes an app available to you.
Survival
• The Sections, Indemnity, Limitation of Liability, Disclaimer of Warranties will survive any actual or purposed termination or expiry of this Agreement and continue in full force and effect.