This Terms-of-Service Agreement (“Agreement”) is made by and between LUCID LOOP LLC, a Wyoming limited-liability company, (hereinafter “LLL”), and the User; collectively, referred to herein as “the Parties”. LLL is a business-to-business software-as-a-service (SaaS) company that provides information services for health-and-welfare brokers. Such brokers connect insurance-plan sponsors (businesses) to insurance companies and provide consultation services on healthcare, dental care, vision care, and/or disability insurance best practices. LLL offers both a free version and a paid-subscription version of its LLL Platform. The paid-subscription version includes enhanced features, as described herein. The User desires to avail themself of LLL’s Platform and services, and agree to be bound by the following Terms of Service:
Unless otherwise defined herein, capitalized terms used herein shall have the following meaning:
"CHARGEBACK" shall mean a good-faith demand by a credit-card provider for LLL to make good the loss the credit card provider has incurred because User has without justification disputed a purchase for which User paid for using User’s credit card.
"PAYMENT PROCESSOR" shall mean any third party approved by LLL that enables a User to make payments to LLL.
"REFUND" shall mean the return of monies to a User after a good-faith dispute, which may be issued prior to a Chargeback.
"SUBSCRIBER" shall mean a User who has been registered as a User of enhanced features of the LLL Website/Platform and pays a subscription fee.
"USER" shall mean any registered User of the LLL Platform, whether the free version or the paid version.
"USER ACCOUNT" shall mean the section on the LLL Platform/Website that can only be accessed by LLL or the User and that, among other things, details the Payment Processor and Payment Details, if applicable.
"WEBSITE" shall mean the website at www.thelucidloop.com, which provides access to the LLL Platform and other applications/features, and is hosted by LLL.
a. LLL is a business-to-business software-as-a-service (SaaS) company that provides information services for health-and-welfare brokers. Such brokers connect insurance-plan sponsors (businesses) to insurance companies and provide consultation services on healthcare, dental care, vision care, and/or disability insurance best practices.
b. LLL offers a free signup to the LLL Platform (www.5500search.com), which, among other things, leverages the U.S. Department of Labor Form 5500-series returns/reports (https://5500search.dol.gov/). The LLL Platform generates a benchmark of broker commissions, normalized by employee size across both industry and geographical location.
c. Brokers can use the LLL Platform to find potential clients; e.g.,, either businesses overpaying their current broker or businesses without a broker. The 5500-Form-based data provided by the LLL Platform reflects hundreds of thousands of businesses can be searched by varying business attributes; e.g., business-level details such as addresses, phone numbers, plan assets, employee count, etc. Moreover, the 5500-Form-based data accessible through the LLL Platform helps users fulfill ERISA requirements.
d. LLL offers both a free version and a paid-subscription version of its LLL Platform. The paid-subscription version includes enhanced features; for example, a larger range of business-information listings and automatic proposal generation. The list of enhanced services offered to paid-subscription Users (“Subscribers”) is expected to evolve over time to better meet the needs of Subscribers.
e. The LLL Platform/Website and/or related mobile app may contain links to third-party websites and resources, and if so, such links are provided for the convenience of Users only. Such third-party links may include advertising links such as, without limitation, banner advertisements and sponsored links. LLL has no control over the content at such third-party links and, as such, assumes absolutely no responsibility or liability for the content at such third-party links. The inclusion of any third-party link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by LLL of any information contained in any third-party site. In no case shall LLL be responsible for the information contained on that third-party site or a User’s use of or inability to use such third-party site. Users should be aware that linked third-party sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the LLL Website. LLL is not responsible for such third-party provisions, and expressly disclaims any and all liability related to such provisions. Users who choose to access such third-party links do so at their own risk.
b. LLL reserves the right to make and publish changes to these Terms of Service at any time and at LLL’s sole discretion. All changes shall be effective immediately from the time LLL publishes said changes, and shall apply to all access to and use of the Website thereafter. By continuing to use the Website and related services, Users agree to the Terms of Service as modified or as they currently appear. Users are hereby notified that they are expected to periodically review the Website’s published Terms of Service so they are aware of any changes, which are binding on all Users.
c. Any and all information posted by LLL on the Website, including information for “Frequently Answered Questions” shall not be legally binding on LLL, and is for information purposes only and does not form part of the Terms of Service described herein.
b. Users acknowledge and agree that all communications that LLL sends to them electronically satisfy any legal requirement that such communications be in writing. If any User desires to withdraw their consent to receiving communications from LLL, then such consent withdrawal shall be emailed to email@example.com.
a. Modify, suspend, or terminate any portion of or the entirety of the LLL Website at any time and without notice; and
b. Suspend or cancel any User Account, if in LLL’s reasonable opinion the User fails to comply with these Terms of Service and/or is violative of any applicable law; and
c. Monitor the use of the LLL Website and Platform in order to verify compliance with these Terms of Service and/or any applicable law; and
d. Investigate any suspected or alleged misuse or unlawful use of the LLL Website and Platform and cooperate with law-enforcement agencies in such investigation; and
e. Disclose information about Users’ use of the LLL Website and Platform in connection with any law-enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; and
f. Restrict, limit, suspend, and/or terminate any User access to the LLL Website/Platform or any portion thereof; and
g. Change the Payment Processors used by LLL, after performing reasonable good-faith efforts to verify the qualifications and good-standing of any prospective new Payment Processor, and after written notification to Users (including all applicable details) is transmitted to the User Account.
a. A User is responsible for providing accurate information for their registration, including: a valid email address, a username, and a password. The entry of any inaccurate/invalid information shall be grounds to cancel or suspend the User’s Account A User’s access and use of the LLL Website/Platform is conditioned that all of the User information provided by the User on the Website is correct, current, and complete.
c. Full access to the LLL Platform requires that a User provide valid payment-card information (e.g., credit or debit) to a Payment Processor, and said Payment Processor shall store such payment-card information. An automatic-account-renewal option is available to the User to select so that monthly payments occur seamlessly, but is not required to be selected and if selected can later be cancelled. It should be noted that if the automatic-renewal option is not selected (or is cancelled), then the ability of a User to access the LLL Website/Platform will expire as soon as the currently paid-for subscription period expires.
d. A User may choose to provide and store multiple payment-card details onto their User Account to account for the event whereby a payment from the first payment card listed is rejected (for whatever reason[s]), causing the next-listed payment card to be used for the full payment due.
a. A User Account can be deactivated from the User-Account webpage.
b. Deactivation of User Account shall take effect as soon as practicable, and all further charges will immediately be stopped. Full access to the LLL Website/Platform will also be immediately stopped, and all associated subscriptions will also be cancelled.
c. A User can deactivate their User Account; however, the deactivation will only take effect once the current paid-for subscription period has expired and no positive balance on that account remains.
e. LLL shall send deactivation notices to the email address listed in the User Account.
a. The User-Account registration and profile information is truthful and accurate.
b. The User is at least 18 years of age and is of legal age to form a binding contract with LLL.
c. If the User previously had registered a User Account with LLL, that previous registration was maintained in good standing and was not terminated or suspended by LLL for violation of these Terms of Service.
d. The User Account shall only be used for the User’s personal use and that the User shall not transfer or sell the User Account to a third party or otherwise facilitate a third party to access the User Account.
e. The User agrees that LLL has the right to audit its User Accounts at any time and to verify the User-Account information that was provided, as well as the User’s compliance with these Terms of Service. If invalid User-Account information is discovered and/or the User is found to not be in compliance with these Terms of Service, then LLL shall have the right to disable, suspend, or terminate the User Account.
f. The User acknowledges that the User is fully responsible for any and all activities that occur on the User’s Account and the User is responsible for keeping their login details confidential and secure. Further, the User agrees to not to disclose their login details to any third party and immediately notify LLL at firstname.lastname@example.org if the User believes that their User Account has been compromised by a third party and/or some sort of security breach has occurred.
h. If the User is using the LLL Website/Platform on behalf of a business or other entity, then the User is authorized to grant all the licenses required under these Terms of Service and that the User is authorized to bind the business or other entity to these Terms of Service.
a. The Payment Processor is responsible for the storage of the User’s payment-card information, and LLL does not store such information on its servers. An automatic-account-renewal option is available to the User to select so that monthly payments occur seamlessly, but is not required to be selected and if selected can later be cancelled. It should be noted that if the automatic-renewal option is not selected (or is cancelled), then the ability of a User to fully access the LLL Website/Platform will expire as soon as the currently paid-for subscription period expires.
b. ALL PAYMENTS TO VIEW/ACCESS THE LLL WEBSITE/PATFORM ARE FINAL AND NON-REFUNDABLE.
g. If any User payment made is subsequently rejected by the Payment Processor or the User has initiated a Chargeback through their payment-card company, then LLL shall have the right to immediately suspend or deactivate the User Account.
a. The LLL Website/Platform and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by LLL, LLL’s licensors, and/or other providers of such material and may protected by international copyright, trademark, patent, trade secret, and other intellectual-property or proprietary rights laws.
b. Users agree to not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the LLL Website/Platform, except for: (i) automatic caching by the User’s Web browser for display-efficiency purposes; and (ii) the printing or download of one (1) copy of a reasonable number of pages of the Website for the User’s own personal and non-commercial use, where no further reproduction, publication, or distribution of said printouts or downloads shall take place. Paid-subscription Users may use the data that they access through the LLL Platform to create reports and proposals via the functional features of the LLL Website/Platform.
c. The unauthorized use or publication of any LLL-owned materials in violation of this Section 5 shall result in the immediate termination of the User’s use and access to the Website. In such cases, LLL shall have the right to demand from the User to return or certify the destruction of such unauthorized copies of LLL materials.
d. Users enjoy absolutely no right, title, or interest in or to the LLL Website/Platform or any content on the LLL Website/Platform, and all rights not expressly granted are reserved by LLL. Any use of the LLL Website/Platform not expressly permitted by these Terms or Service shall be considered a material breach of these Terms or Service, as well as may violate copyright, trademark, and other applicable laws.
e. The LLL (Lucid Loop LLC) name, logo, and all related names, logos, product/service names, designs, and slogans are trademarks of LLL and/or its affiliates or licensors. Users shall not use such marks without first obtaining the express written consent of LLL. Any other names, logos, product/service names, designs, and slogans (that is, other trademarks and/or service marks) that appear on the Website are the property of their respective owners.
a. Subject to all of the terms, conditions, limitations, and restrictions contained in these Terms of Service, LLL grants its registered Users a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use the LLL Website/Platform and its entire contents, features, and functionality for the User’s own lawful and personal use only (see Sections 5.3 and 5.4, below, for a discussion of acceptable and prohibited uses).
b. The User acknowledges and agrees that the foregoing license described in Section 5.2.a may be revoked and terminated by LLL at any time and for any reason. A material breach of these Terms of Service will result in the revocation of said license.
a. Users may link only to the LLL Homepage, and such use of the links may not damage LLL’s reputation (as determined by the sole discretion of LLL) and may not state or imply that the User or webpage containing the link are somehow affiliated with, or endorsed by, LLL in any way.
b. Users may not establish a link from any website that is not owned by the User.
c. Users may not cause any portion of the Website to be displayed on, or appear to be displayed by, any other website.
d. LLL reserves the right to revoke any linking privileges without prior notice, at LLL’s sole discretion.
a. Falsify any User-Account-registration information, or make unauthorized use of another's information or content; nor
b. Use LLL’s Website/Platform and any related functionality in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity; nor
c. Represent themselves as: (i) being affiliated with LLL; (ii) an employee or agent of LLL; (iii) another User; or (iv) any other person or entity other than themselves; nor
d. Falsely state, suggest, or otherwise misrepresent any affiliation, endorsement, an/or sponsorship between the User (or any entity affiliated with the User) and LLL; nor
e. Copy, reproduce, distribute, modify, or create derivative works from, any portion of LLL’s Website/Platform and any related functionality without first obtaining LLL’s express written permission; nor
f. Use LLL’s Website/Platform and any related functionality to transmit, or procure the sending of, any advertising or promotional material (e.g., any “junk mail”, “chain letter”, “spam”, or any other similar solicitation); nor
g. Engage in any other conduct that restricts or inhibits another person’s use or enjoyment of LLL’s Website and any related functionality, nor engage in conduct that, as determined by LLL, may harm LLL or Users of the LLL Website/Platform and/or expose them to liability; nor
h. Remove, erase, modify, or tamper with any copyright, trademark, or other proprietary rights notice that is contained in any Website Content that the User does not own; nor
i. Use LLL’s Website/Platform and any related functionality in any manner that could disable, overburden, damage, or impair the Website and any related functionality or interfere with any other party’s use of the LLL Website/Platform and any related functionality, including their ability to engage in real-time activities through the LLL Website/Platform; nor
j. Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of LLL’s Website/Platform and any related functionality/applications; nor
k. Interfere in any way with the operation of LLL, including or any server, network, or system associated with LLL, and including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial-of-service" attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for the User, or accessing another User's account that the User is not expressly authorized to access; nor
l. Use LLL for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes; nor
m. Use any automated program, tool, or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access the LLL Website/Platform or any server, network, or system associated with LLL, or to extract, collect, harvest, or gather content or information from LLL.
a. If LLL becomes aware of any allegations of prohibited uses of the LLL Website/Platform, and LLL then subsequently verifies said misuses by a User, then the User’s Account shall be immediately suspended, subject to permanent revocation and possible legal action, and the User shall be notified via email.
b. A User who repeatedly violates LLL’s Acceptable Uses policy may be deactivated at the sole discretion of LLL.
a. That LLL and all of its services and features will be available at any particular time or location; nor
b. That LLL and all of its services and features will be secure, uninterrupted, and error-free; nor
c. That any defect or error will be corrected; nor
d. That LLL and all of its services and features will be free of viruses and other harmful components (Users are responsible for implementing sufficient security procedures for antivirus protection and for the verification of accuracy of any data input and output, and Users are responsible for maintaining a means to recover/reconstruct any lost data.); nor
e. That use of the LLL Website/Platform will be uninterrupted or error free twenty-four hours a day, seven days a week, including periods when LLL may need to carry out maintenance of the LLL Website/Platform and/or related features/applications from time to time. LLL shall use commercially reasonable attempts to carry out maintenance of the LLL Website/Platform outside of normal business hours (between 08:00 and 17:00 Mountain Time Zone), and LLL shall try to provide Users with reasonable notice of any planned outages (however, this may not always be possible for emergent situations).
a. The User’s use of the LLL Website or any of its services or features; and
b. The User’s violation of these Terms of Service or any applicable law.
c. Registration is not mandatory to access the public areas of the LLL Website. Registration is, however, required for access to certain areas of the Website and various LLL features and services.
d. Users registering to receive a User Account on the Website will be provided with a username and will select a password for purposes of accessing their account and the portions of the Website available to registered Users. When accessing the portions of the Website available to registered Users, Users may be required to provide their username and password.
e. LLL may also collect non-personally identifiable information by way of LLL servers automatically recognizing and collecting certain non-personally identifiable information regarding visitors to the Website and users of the various associated features and services, including by way of example, IP address, browser type, and other information regarding the system and connection of each visitor or user. LLL also collects information about how visitors access and use the Website, including by way of example:
• What pages and/or forms of the Website are viewed;
• Whether LLL-related emails have been opened;
• User access times;
• Error logs; and
• Usage of any other portions of Website features and services.
f. This collected information allows LLL to improve the content of the Website and its associated features and services, facilitate research and analysis of the Website and its associated features and services, and develop and refine LLL’s offerings. There may be times when LLL utilizes the services of a third party to help us understand this information better, although the information that is disclosed to these third-party entities shall remain at all times in non-personally identifiable form.
a. Personal identifiers such as a real name, an alias, physical address, mailing address, internet protocol address, email address, User Account name, social-security number, driver’s license number, passport number, and/or other similar identifiers;
b. Mobile-phone number;
c. Personal information categories listed in the California Customer Records Statute pursuant to Cal. Civ. Code § 1798.80(e);
d. Characteristics of protected classifications under California or federal law;
e. Commercial information, including records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
f. User-specific internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a User’s interaction with an internet website, application, or advertisement; and/or
g. Professional or employment-related information.
a. Developing, improving, operating, providing, maintaining, auditing, or servicing User Accounts; and
b. Predicting User preferences in order to enhance User experiences on the Website, to provide enhanced customer service, and to process transactions by verifying identities and processing payments; and
c. Communicating with Users by email and texting, verifying User identities and contact information, and providing general Customer Support services, including the enforcement of the LLL Terms of Service; and
d. Maintaining, debugging/repairing, and/or enhancing LLL’s Website and associated services and features; and
e. Conducting consumer research for the development of future products and services to be offered by LLL; and
f. Detecting and investigating security incidents in order to guard against fraudulent, malicious, deceptive, and/or illegal activity, referring those responsible to appropriate law-enforcement authorities; and
g. Ensuring compliance with all applicable laws, regulations, rules, and law-enforcement and/or governmental-agency requests for information (as prescribed by applicable laws and/or lawful subpoenas).
a. Directly from Users; that is, when a User provides LLL their Personal Information directly as part of the User-Account-Registration process or as part of a User-Account updating process pursuant to LLL’s Terms of Service; and/or
b. Automatically/indirectly from Users; that is, for example, as a result of a User’s use and access of the Website, which can include the collection of IP addresses and browser types from the User’s electronic devices; and/or
c. From third-party service providers who interact with Users.
a. LLL’s contracted Service Providers (e.g., Payment Providers) in furtherance of LLL’s provision of services to Users; and/or
b. Authorized government agencies and/or regulators, when:
(i) permitted or required to do so by law, (ii) in response to a request from a law-enforcement agency or authority and/or any regulatory authority; and/or (iii) to protect the integrity of the Website and LLL’s interests, rights, property, or safety, and/or that of LLL’s Users. It should be noted that although LLL makes every reasonable effort to preserve User privacy, LLL may need to disclose personally identifiable information of certain Users to comply with a judicial proceeding, court order, or other legal process. In such situations, LLL will use reasonable efforts to provide an affected User prior notice of this disclosure, to the extent reasonably possible under the circumstances.
a. The right to know whether, and for what purpose(s), Users’ Personal Data is collected and processed, as well as specifically what Personal Data is collected;
b. The right to know the source of Personal Data that LLL gathers about its Users;
c. The right for a User to access, modify, and correct their Personal Data;
d. The right to know with whom LLL has shared User Personal Data with, for what purpose(s), and what Personal Data has been shared (including whether Personal Data was disclosed to third parties for their own direct marketing purposes);
e. The right for a User to withdraw their consent to share Personal Data (though this could affect whether the User can remain registered to use the Website);
f. The right to file a complaint to applicable legal/governmental authorities where an alleged violation of Privacy Laws has occurred; and
g. Other applicable statutory rights as defined in specific jurisdictions, including the States of California and Nevada (see Sections 2.3 and 2.4, below, respectively).
a. Right to Know: A User has the right to request that LLL disclose certain information to the User about the Personal Data that LLL collected, used, disclosed, and sold about the User in the past twelve (12) months, including a request to know any or all of the following:
(i) The categories of Personal Data collected about the User; (ii) The categories of sources from which LLL collected the User’s Personal Data; (iii) The categories of Personal Data that LLL has sold or disclosed about the User for a business purpose; (iv) The categories of third parties to whom the User’s Personal Data was sold or disclosed for a business purpose; (v) LLL’s business or commercial purpose for collecting or selling the User’s Personal Data; and (vi) The specific pieces of Personal Data that LLL has collected about the User.
b. Data Portability: You have the right to request a copy of personal data we have collected and maintained about you in the past twelve (12) months.
c. Right to Deletion: A User has the right to request that LLL delete the Personal Data that LLL collected from the User and maintained, subject to certain exceptions. Please note that if a User requests deletion of their Personal Data, LLL may deny the User’s request or may retain certain elements of the User’s Personal Data if it is necessary for LLL or LLL’s service providers to:
(i) Complete the transaction for which the Personal Data was collected, provide a good or service requested by the User, or is reasonably anticipated within the context of LLL’s ongoing business relationship with the User, or otherwise perform a contract between LLL and the User; and/or (ii) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; and/or (iii) Debug to identify and repair errors that impair existing intended functionality of the Website and/or the User Account; and/or (iv) Exercise free speech, ensure the right of another User to exercise his or her right of free speech, or exercise another right provided for by law; and/or (v) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code; and/or (vi) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the Personal Data is likely to render impossible or seriously impair the achievement of such research, if the User has provided informed consent to such uses; and/or (vii) Enable solely internal uses that are reasonably aligned with the User’s expectations based on the User’s relationship with LLL. (viii) Comply with a legal obligation; and/or (ix) Otherwise use the Personal Data, internally, in a lawful manner that is compatible with the context in which the User provided the information.
d. Right to Opt-Out/In: A User has the right to opt-out of the sale of their Personal Data. A User also has the right to opt-in to the sale of Personal Data. LLL, however, does not sell User Personal Data to third parties.
e. Right to Non-Discrimination: A User has the right not to receive discriminatory treatment by us for the exercise of their CCPA privacy rights. Unless permitted by the CCPA, LLL shall not:
(i) Deny a User goods or services; or (ii) Charge a User different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; or (iii) Provide a User a different level or quality of goods or services; or (iv) Suggest that the User may receive a different price or rate for goods or services or a different level or quality of goods or services.
f. For a User to exercise their California privacy rights as described above, the User must submit a verifiable request to LLL via email at email@example.com.
a. The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on the User; and
b. The right to request restriction of the processing of Personal Data or object to the processing of Personal Data carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct-marketing purposes), or (ii) performance of a task in the public interest; and
c. In certain circumstances, the right to Personal Data portability, which means that a User can request that LLL provide certain Personal Data that LLL holds about the User in a machine-readable format; and
d. In certain circumstances, the right to erasure and/or the right to be forgotten, which means that a User can request deletion or removal of certain Personal Data that LLL processes.
a. Email-Communications Opt-Out: A User can opt-out of receiving email communications from LLL at any time by: (i) following the opt-out link or other unsubscribe instructions provided in any email message received; or (ii) by contacting LLL via email a firstname.lastname@example.org; or (iii) by changing the User’s notification preferences in the User’s Account Profile Settings. It is important to note, however, that if a User initiates certain business transactions with LLL, then LLL will necessarily need to communicate with the User and so it may not be possible to opt-out of those types of communications.
c. Location Information: If a User desires to limit or prevent LLL’s ability to receive location information from the User, then the User can deny or remove the permission for certain Website functionality and services to access location information and/or deactivate location services on the User’s computing device. Users should refer to their computing device’s web-browser and/or operating-system instructions to ascertain how to accomplish this.