WageAccess® Usage Agreement

Introduction

Thank you for using WageAccess.com (the "Site"). This Site is owned and operated by Synergy Management Solutions, Inc. ("Synergy"). Synergy also owns and operates the WageAccess® Compensation and Benefits Survey, analysis and results service ("Service") provided on this Site.

Please read these terms and conditions ("Agreement") carefully. By accessing this Site and any pages thereof, you agree to be bound by the terms and conditions below. The following terms and conditions may be updated by us from time to time without notice to you and may be accessed at www.WageAccess.com. If you do not concur with the Agreement below, do not access this Site, or any of the pages thereof.

By using this Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all of the terms and conditions of this Agreement.

Participation and Payment

Participants may sign-up for membership and contribute data to the survey at any time during a calendar quarter. At the end of each data collection period, survey data that has been collected during that quarter is compiled for reporting purposes. It takes approximately three months to audit, calculate and validate the survey data before the results are available on the web site. The results for that collection period are available in the first month of the calendar quarter (January, April, July and October) following the audit process.

Once a subscriber has signed up for membership, submitted data to the survey and has remitted their annual subscription fee, they will receive immediate access to the survey results for 12 consecutive months. Payment may be remitted by credit card directly on the WageAccess® web site, or by check.

Members will be notified of renewal requirements by e-mail 30 days prior to the membership expiration date. Failure to renew by the close of the membership expiration date will result in termination of access to the survey results.

Your Usage Obligations

In consideration of your use of the Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself and your company as prompted by the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or Synergy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Synergy has the right to (a) exclude any suspect data from the survey results, and/or (b) suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

During completion of the survey data entry process, you agree to review the applicable WageAccess® job titles and job descriptions, and make an appropriate and careful match between each of the positions your company is reporting and the corresponding WageAccess® position. You also agree to provide true, accurate and current survey data for each position being reported. Further, you agree to provide survey data for a number of positions representing a substantial percentage of your company's true total employee population.

Password and Security

You will receive a password and login name upon completing the Site's registration process. Your account information is owned by and proprietary to Synergy. While you may access your account information through the Site, you may not give access to your account to any other person or entity other than a person that you directly supervise as part of a single human resource department for a single company or division of a company. You are responsible for maintaining the confidentiality of the password and login name, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Synergy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Synergy will not be liable for any loss or damage arising from your failure to comply with this provision.

Aging Disclaimer

New survey data is compiled quarterly and combined with previously collected data to calculate the results for each quarter of the year. An Aging Factor is applied to all previously collected data to adjust for the movement of salaries through the year.

This Aging Factor is proprietary to Synergy. It is derived from a combination of statistical metrics, including the Consumer Price Index (CPI) as reported by the U.S. Bureau of Labor Statistics (BLS), BLS-reported annual changes in national salary data, actual reported WageAccess® salary data trends and other economic parameters. This aging process is designed to provide a more accurate representation of current pay levels. However, the assumptions and calculations applied through the data aging process may be flawed and may not actually represent current or valid pay levels for any particular position or any particular market.

Privacy Policy

Registration data, your company name, and certain other information about you and your company is subject to our Privacy Policy. For more information, see our full privacy policy here. By using this Site, you represent and warrant that you have read and agree to the terms of the WageAccess® Privacy Policy.

No Warranty

Your use of this Site is at your own risk. This Site may contain inaccuracies or typographical errors. The Site content, including, but not limited to, survey results, is provided is "as is" and without warranty of any kind, either express or implied, including, without limitation: (a) any expectation of privacy, including but not limited to use of your company name and any provided information, whether or not payment is made; (b) the operation or availability of the Site or the Service; (c) variations, if any, between the demo and current version of the Site and Service; (d) that errors in the software, if any, will be corrected; and (e) the accuracy, reliability, completeness, availability, or timeliness of the data, content or materials included on this Site, or any part thereof.

Synergy does not warrant the security of data transmissions and will not be responsible for unauthorized access to your data, any data transmitted or not transmitted, or any transactions entered into through this Site.

Any material downloaded or otherwise obtained through the use of the Site or the Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability

Synergy shall not be liable for any damages, including, without limitation, direct, indirect, punitive, incidental, special, consequential, exemplary, losses or expenses arising in connection with the usage of this Site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, system failure, unauthorized access to your transmissions or data, compliance with the terms of any confidentiality agreements, or any other matter relating to the Service or this Agreement, whether based on contract, tort, negligence, strict liability or otherwise.

Modifications to Service

Synergy reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or Service or any part thereof, including, but not limited to, your password, your account, your use of the Service, or any portion thereof, with or without notice. Synergy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Service.

Links to Other Sites

The Site may provide hyperlinks or references to other sites. While Synergy endeavors to provide links only to sites that are reputable and safe, we have no control over such sites and accordingly take no responsibility for the information, products or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. Synergy provides any such links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content or the persons or entities operating those sites. Therefore, you assume sole responsibility for using links to third parties.

Proprietary Information and Intellectual Property

The copyright in the pages and in the screens displaying the pages, including, without limitation, software, text, graphics, images, logos and button icons, documents and marks is held by Synergy, unless otherwise indicated. You may print copies of the pages from this Site for your personal or business use, provided you do not publish, copy or otherwise retransmit what you have printed from this Site. Beyond this limited permission, and unless otherwise permitted under copyright laws, you agree that the reproduction, modification, distribution, transmission, republication, display, performance or storage of this material is strictly prohibited without the express written permission of Synergy.

All information and data submitted to the Site shall be deemed to be the sole property of Synergy and shall remain so in perpetuity. Any ideas, concepts, know-how or techniques contained in information submitted to the Site shall be free for use for any purpose by Synergy without any restrictions whatsoever.

General

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Nevada. Any action brought by you or Synergy in connection with or related in any manner to this Site or Service, your use of this Site, Service or Agreement shall be brought only in the courts located in Clark County, Nevada and you hereby consent to personal jurisdiction in such courts. If any provision of this Agreement is void or unenforceable in whole or in part, the remaining provisions shall not be affected thereby.

 

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