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Terms of Use and Incident Registry Policy

Effective on acceptance. These terms govern use of the NAIS Member Portal, including the Incident Registry. Draft pending counsel review

1. Purpose of the Incident Registry

The Incident Registry is an information service. It allows members to record their own first-hand experience with contractors in two categories: requests to prepare or submit documentation the member considered improper or unlawful, and non-payment for completed supplementing work. NAIS reviews each report before it is visible to other members. The Registry exists so that members can make their own, independent business decisions with better information.

2. Independent decisions

NAIS does not direct, recommend, or coordinate any decision by any member to accept, decline, price, or condition business with any party. Each member decides independently whom to work with and on what terms. Members may not use the Registry, the member directory, forums, or any NAIS channel to agree with other members to refuse or condition dealings with any contractor, carrier, or other party, or to agree on prices or terms. NAIS will remove reports and may terminate membership where it finds the Registry being used for that purpose.

3. What a report must be

A report must describe facts within the reporting member's first-hand knowledge: what was requested or what was owed, when, by whom, and what documentation supports it. Reports must not include opinion presented as fact, speculation about motive, characterizations of a person's honesty or competence, or information obtained from third parties. By submitting a report the member attests that it is accurate to the best of their knowledge and that the documentation described exists and can be provided to NAIS on request.

4. Review before publication

No report is visible to other members until NAIS has reviewed it. NAIS may request documentation, edit a report to remove non-factual content, decline to publish it, or remove it after publication at any time and without stating a reason. Review by NAIS is not a finding that the facts reported are true.

5. Right of response

A contractor who is the subject of a verified report may submit a written response to standards@supplementors.org. NAIS will record the response with the contractor's record so that members see both. A contractor may also ask NAIS to re-examine a report; NAIS will request the reporting member's documentation and may withdraw the report.

6. Confidentiality and permitted use

Registry contents are confidential to members in good standing. Members may use them only to inform their own business decisions. Members may not copy, publish, forward, screenshot, or otherwise disclose Registry contents outside their own firm, including to the contractor concerned, to carriers, on social media, or in marketing. A member who breaches this section is subject to immediate termination of membership.

7. Reporting member identity

Other members see that a report was made by a NAIS member, not by which firm. NAIS knows the reporting member's identity and may disclose it where required by law, by a court order, or to defend a claim arising from the report.

8. Retention

Verified non-payment reports are removed when the member confirms payment or after three years, whichever is earlier. Other verified reports are removed after three years. Rejected reports are retained for NAIS's records only and are never visible to members.

9. No warranty; limitation of liability

Registry contents reflect the reporting member's experience and are provided as information only, without warranty of accuracy or completeness. NAIS is not liable for any decision a member makes in reliance on the Registry. To the fullest extent permitted by law, NAIS's liability to any member arising from the portal is limited to the dues paid by that member in the preceding twelve months.

10. Indemnity

A member who submits a report agrees to indemnify NAIS against claims arising from that report to the extent the report was inaccurate, not within the member's first-hand knowledge, or submitted in breach of these terms.

11. Account and conduct

Portal access is personal to the member and may not be shared. Members must keep their contact details current, use the portal in compliance with the Code of Professional Conduct, and not attempt to access data or functions they are not authorized to use.

12. Changes and termination

NAIS may amend these terms by posting a revised version in the portal; continued use after posting is acceptance. NAIS may suspend or terminate portal access for breach of these terms or the Code of Professional Conduct under the Standards Committee's procedure.

13. Governing law

These terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and any dispute will be brought in the state or federal courts located in Orange County, Florida.

Questions about these terms: standards@supplementors.org