These Dashboard Terms of Use apply only to Plan Administrator Dashboard and Participant Dashboard accounts. 

HUMAN INTEREST INC.

DASHBOARD TERMS OF USE

Last updated February 21, 2023

PLEASE NOTE THAT THESE DASHBOARD TERMS OF USE CONTAIN AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER PROVISION. THESE AFFECT HOW ANY DISPUTES BETWEEN YOU AND HUMAN INTEREST WOULD BE RESOLVED. PLEASE READ THEM CAREFULLY.

These Dashboard Terms of Use (“Dashboard Terms”) govern your use of the administrative application (“Dashboard”) provided by Human Interest, Inc. (referred to as “Human Interest.” “we.” “our,” or “us” as applicable). The Dashboard provides (i) participants in Human Interest’s client plans (the “Plans,” each, a “Plan”) with online access to their account for servicing and investment selection purposes, and (ii) Plan administrators with online access to the Plan’s account for managing the Plan (collectively, the “Dashboard Services”). 

These Dashboard Terms apply to your use of the Dashboard Services and do not amend any other agreement that may be in effect between us and the Plan Sponsor of your Plan, or between you or the Plan Sponsor and Human Interest Advisors LLC.

You are required to agree to comply with these Dashboard Terms when you access or use the Dashboard Services. If you are using the Dashboard Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Dashboard Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Dashboard Terms. (The term “you” in these Dashboard Terms refers to both you and the Organization.) We may update these Dashboard Terms from time to time, and will inform you of any changes. By continuing to use the Dashboard Services after these Dashboard Terms have changed, you indicate your agreement to the revised Dashboard Terms. If you do not agree to these Dashboard Terms, please do not use the Dashboard Services. The most current version of these Dashboard Terms is available via your account portal or on our website.

By using the Dashboard Services, you represent and acknowledge that you are a resident of the United States and have a United States mailing address (or reside in another jurisdiction as may be specifically approved by Human Interest).

 Our Data Privacy and Security Procedures 

You consent to the physical and electronic transmission and storage of your personal and financial information by and between Human Interest and you, your employer’s payroll provider as applicable, Plan, Plan Sponsor, their respective assignees and successors, and other parties as necessary and permissible to continue management of your account under these Dashboard Terms.  If we receive any order, demand, warrant, or other regulatory request to compel the production of personal information or any other information you provide to us in connection with your use of our Services and services, we will notify the Plan Sponsor unless we are prohibited from doing so by applicable law.

By submitting content, files, and data to the Dashboard Services for processing, you are confirming that all the information you submit is current, complete, and accurate. We are not responsible for independently reviewing, auditing, or confirming any of the information you provide to us.

We have implemented a set of security and related procedures that apply to all transactions and uses of our Dashboard Services. To protect against the risk of loss of any data, there are certain protocols that all users of our Dashboard Services must follow and, by using our Dashboard Services, you agree to comply with those procedures.

We protect personal information in accordance with applicable law and industry standards. By accepting these Dashboard Terms, you agree that you have read our Privacy Policy at https://humaninterest.com/privacy-policy/.  

 Your Responsibility to Protect Your Account

By using our Dashboard Services, you agree to secure and protect your username and password, make your password sufficiently complex to minimize the risk of unauthorized access to your account, and monitor your account for any suspicious transactions. You should notify us immediately if the username or password to your account is compromised or lost or if your account has been compromised in some way.

WE ARE NOT RESPONSIBLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD BEFORE WE ARE NOTIFIED OF A COMPROMISE.

 Your Obligation to Monitor Your Account

For plan participants, you will receive notice by email (or such other medium agreed to between us and the Plan Sponsor) periodically, but not less than quarterly, that your account statement is accessible and available for online viewing and printing. These statements detail all activity recorded in your account and we also make a transaction log, which is updated as of the end of each trading day, available in your account portal. You agree that it is your responsibility to regularly review these records for accuracy and notify us of any discrepancy or error as soon as practicable, as they provide a way for you to find and report any account issues or errors to us.  If you do not periodically receive emails notifying you of your statement availability, you agree to notify us immediately so that we can determine the cause of the notification failure and take appropriate steps to correct it.

 Accuracy of Account Information 

You agree to verify the accuracy and completeness of your information on any communications from Human Interest, and to inform us immediately of any inaccuracies so that we may make any appropriate adjustments to your account, if needed. You agree to provide Human Interest with updated account and contact information if information provided by you changes at any time; failure to update us could negatively impact your ability to request account features or distributions, service account loans, designate beneficiaries, or manage other features.

 Restrictions on Your Use of the Dashboard Services 

You must use the Dashboard Services only for their intended purpose, which is to support and administer your retirement plan and access your account. By using our Dashboard Services, you agree not to (and will not permit or authorize a third party to) (i) disassemble, decompile, reverse engineer, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Dashboard Services (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Dashboard Services; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Dashboard Services (including without limitation any of the education materials, tutorials, or documents provided to you about the Dashboard Services); (iii) allow any other person to use the Dashboard Services on your behalf, except pursuant to your express authorization; (iv) use our proprietary logo(s) without our prior written consent or otherwise remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property rights notices provided on or with the Dashboard Services; (v) use the Dashboard Services for any purpose other than as stated in these Dashboard Terms; (vi) use the Dashboard Services in a manner that interferes with the use of the Dashboard Services by other end users; (vii) access or attempt to access any data via the Dashboard Services that does not belong to you; (viii) use the Dashboard Services to transmit or upload any software, files, records, or other materials that contain any virus, worm, time bomb, trojan horse, or other harmful or disruptive component; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Dashboard Services; (x) probe, scan or test the vulnerability of any system or network or breach any security or authentication measures; or (xi) use the Dashboard Services for any illegal and/or unauthorized purpose. We reserve our rights under our Terms of Service in the event you violate these Dashboard Terms.

 Electronic Transactions and Electronic Delivery of Notices, Statements, Investment Education, and Disclosures (collectively, “Plan Communications”)

Unless explicitly required by law, any requirement for a writing or signature, such as for the designation of beneficiaries, loan or distribution request, or other instruction to or from us, may be rendered in any form that can reasonably be expected to be accessible to the Plan Sponsor and participants, that can be converted into an accurate physical record, or that can be used to confirm the identity or authority of the sender. We will also deliver all Plan Communications to the email address provided to us by the Plan Sponsor, or on the sponsor’s behalf. We will rely on the accuracy of those email addresses. We reserve the right to specify the form in which the Plan Communication is delivered, provided that such method complies with applicable law. All Plan Communications that we create are stored in the Plan Sponsor and participant Dashboards.

 Service Interruption

We periodically perform routine website maintenance to optimize the performance of our Dashboard Services. As a result, you may occasionally see a posted notification that a particular feature or service is temporarily unavailable. We generally limit routine maintenance to non-business hours to minimize its potential impact on you. Most routine maintenance is brief, and any service or feature interruptions it may cause are expected to be resolved promptly. We occasionally perform more significant website maintenance or upgrades that require longer times to complete. We try when possible to provide advanced notification and details on our website regarding such maintenance and the expected duration and service impacts of any such activities. You agree that we are not liable for any losses caused directly or indirectly by routine systems maintenance and associated delays, extraordinary events or conditions beyond our control such as government actions, exchange or market rulings, suspensions of trading, or other third party errors, failures or outages.

 Client Service and Troubleshooting

Our client service team is available to assist you between 9:00 am and 5:00pm PST on days on which the New York Stock Exchange is open for business by email at [email protected] or by calling our helpline at (855) 622-7824.

 Limited Dashboard Services Performance Warranty.

WE WARRANT THAT THE DASHBOARD SERVICES WILL PERFORM SUBSTANTIALLY AS DESCRIBED IN THESE DASHBOARD TERMS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION THAT THE DASHBOARD SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE DASHBOARD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NO OTHER VERBAL OR WRITTEN INFORMATION PROVIDED BY US WILL CREATE A WARRANTY OR INCREASE OUR LIABILITY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR DASHBOARD SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ANY WARRANTIES IMPLIED BY LAW, THE COURSE OF DEALING, OR OTHERWISE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. 

Notwithstanding any provision to the contrary, we are not responsible for and do not guarantee the accuracy, timeliness, completeness or usefulness of any data or other content obtained from third party sources (“Third Party Content”) that is displayed or reported through the Dashboard Services. We do not explicitly or implicitly endorse or approve Third Party Content. Reliance on Third Party Content available on or through the Dashboard Services is at your own risk.  

Indemnification; Limitation of Liability

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Human Interest, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of your breach of these Dashboard Terms and any of your activities related to or in connection with the Dashboard Services. 

EXCEPT WHERE PROHIBITED, HUMAN INTEREST WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE DASHBOARD SERVICES OR ANY THIRD PARTY’S USE OF THE DASHBOARD SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF HUMAN INTEREST HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HUMAN INTEREST ARISING OUT OF OR RELATED TO YOUR USE OF ANY SERVICES PROVIDED BY HUMAN INTEREST EXCEED THE GREATER OF THE AMOUNT YOU PAID TO USE SUCH SERVICE IN THE PAST TWELVE (12) MONTHS OR $500. 

 Disputes

You agree that any dispute or claim arising out of your use of the Dashboard Services, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Dashboard Terms.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, subject to these Dashboard Terms, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Dashboard Terms. 

Arbitration shall be administered by the Judicial Arbitration and Mediation Dashboard Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. The JAMS rules are available on JAMS’ website, www.jamsadr.com. Arbitration hearings will take place in San Francisco. To the extent that the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards'') applies, to the extent this agreement to arbitrate conflicts with the Minimum Standards, the Minimum Standards in that regard will apply.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, group, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that notwithstanding our agreement to only arbitrate disputes as stated above, you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

If any part or parts of this arbitration agreement are found to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the arbitration agreement shall continue in full force and effect.

Choice of Law

These Dashboard Terms, the relationship of the parties, and disputes (as described above) will be governed by the laws of the State of California (without regard to conflicts of law principles). You and we agree that these Dashboard Terms affect interstate commerce and that the interpretation and enforceability of the Disputes section above shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq., to the maximum extent permitted by applicable law.

Communication

 We may send communications to you at your mailing address or your e-mail address as provided to us by you, or your Plan Sponsor, and you agree to accept all such communications. You agree to notify us promptly if your email address changes and to keep all information, such as your mailing address, current and accurate.  You agree to receive electronic communications from us through our website or Participant Dashboard Service (for example, we may deliver our annual privacy notice and amendments to these Dashboard Terms to you during the term of this agreement by posting them on our website).  We will not impose any additional charge to you for such electronic communication and will provide the specialized software, if any, needed to view such electronic documents at no charge to you.  You are responsible for fees associated with internet access or usage.

 Disclaimers 

Human Interest will use reasonable care, consistent with industry practice, in providing the Dashboard Services to you. To the extent permitted by applicable law, Human Interest assumes no liability for any losses resulting from your failure to provide us with complete, accurate, and current information.

If any part of these Dashboard Terms are found to be invalid or unenforceable, it will not affect the validity or enforceability of any other part of these Dashboard Terms, which will continue in full force and effect. Nothing in these Dashboard Terms may be read to waive compliance with the Investment Advisers Act of 1940 or the rules thereunder, or ERISA or the rules or any order thereunder.

While we provide you with tools and ways to manage your Plan account, we do not provide investment, tax, legal or accounting advice. You should consult your own investment, tax, legal and accounting advisors before engaging in any transaction. You agree that we do not provide such advice, and that all decisions about investing and trading in your account are made by you or someone you have authorized.

Human Interest Advisors LLC (“Human Interest Advisors”) is a subsidiary of Human Interest Inc. and a registered investment advisor. While you may make certain investment-related selections via the Dashboard, Human Interest Advisors separately offers and provides investment advisory services in connection with such selections under a separate advisory agreement with you. All such investment advisory services are separate from the Dashboard Services. For more information, please click here.