The terms and conditions outlined in this agreement apply to this PensionSoft
Corporation Website (the "Website") only and do not address the rules for
obtaining information or making transactions by any other means.
Please carefully read the following terms and conditions.
As an accountholder,
you will represent, on a continuing basis, that you are authorized to access any
account ("Accounts") for which you have requested a User ID and Password. The
User ID and Password may have been provided to you when you enrolled in your
employer's retirement plan or you may have requested a Password from your
pension administrator at some other time. Because of the importance of
safeguarding your Accounts, PensionSoft Corporation, LLC ("PensionSoft") requests that you
do not share
your User ID and/or Password with any other individuals. However, if you choose
to share your User ID and Password with other individuals, PensionSoft or any
party contracting with PensionSoft will not be responsible for damages or loss
resulting from any breach of security caused by a failure to maintain the
confidentiality of your User ID and Password.
Account data on the Website is for informational purposes only and is not the
official record of your retirement plan information. Correspondence received
from the Plan Sponsor is your official record of retirement plan information.
Any informaion provided through the Website is subject to adjustment and correction.
Access to the Website may be blocked if PensionSoft reasonably believes your access codes have been/may
have been obtained or are being used/may be used by an unauthorized person(s).
Any transaction(s) entered by an individual using your User ID and Password will
be deemed to have been authorized by you, unless you have previously notified
PensionSoft, in a timely manner, of the loss, theft or unauthorized use of these
If you become aware of the loss, theft or unauthorized use
of your User ID and Password, you must notify PensionSoft by phone, email or in writing
(delivered via U.S. Mail, certified, return receipt requested). Also note that if an accountholder
authorizes a third party to access
his/her account and/or our services, the accountholder agrees to defend,
indemnify, and hold PenionSoft and parties contracting with PensionSoft not
responsible for any liability, losses, damages and reasonable costs and expenses
(including attorney fees) arising out of claims or suits by any such third
parties based upon or relating to such access and use.
Neither PensionSoft, any
parties contracting with PensionSoft, nor any of their directors, officers,
employees, agents, contractors, affiliates, information providers, licensors or
other suppliers providing data, information or services, warrant that the
Service will be uninterrupted or error free.
PensionSoft, or any parties
contracting with PensionSoft, does not warranty the results that may be obtained
from the use of the Service, or as to the timeliness, sequence, accuracy,
completeness, reliability or content of any information, data, service or
transaction provided through the Website, or with respect to any software
provided for use in accessing the Website.
Website data, software, equipment and
information is provided on an "as is", "as available" basis, without warranties
of any kind, either express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose and
non-infringement, other than those warranties which are implied by and incapable
of exclusion, restriction or modification under the laws applicable to this
agreement. PensionSoft and any parties contracting with PensionSoft are not liable
for special, indirect or consequential damages resulting from these services, or
any breach of any warranty, even if advised of or if they could have reasonably
foreseen such damages.
responsible for all transactions authorized with their user ID and Password. If
an accountholder permits another person(s) to use the Website or their ID or
Password, the accountholder is responsible for any transactions he/she
It is important to note that PensionSoft
does not provide tax, legal or investment advice or give advice or offer any
opinion with respect to the suitability of any investment. Understand, also,
that while you may be able to access any investment reports through the
Internet, the availability of such information does not constitute a
recommendation to buy or sell all or any of the securities discussed therein.
Any investment decisions you make will be based solely on your own evaluation of
your financial circumstances and investment objectives.
Accountholders may not use e-mail to send personal or identifying information,
such as account numbers, Social Security numbers, passwords, etc. to
PensionSoft. PensionSoft is
not responsible for any loss or damage that results from interception by third
parties of any information you send via e-mail.
PensionSoft may, on a
regular basis, perform maintenance on its equipment or systems. This maintenance
may result in interrupted service or errors in the Service. PensionSoft retains
the right to change the scope of its services from time to time with the prior
consent of your employer, if applicable, for any material changes. To the extent
permissible, PensionSoft will provide prior notice of such interruptions and
changes but does not guarantee that such notice will be provided.
Performance of Software and Electronic Service
Accountholders agree that the liability of PensionSof and parties contracting with
PensionSoft for viruses, or other similar
harmful components or contaminants, that may enter your computer system by
downloading information, software, or other materials from the Website or
which result from the provision of these services is limited to PensionSoft using
its reasonable efforts to reconstruct or replace the lost data or information,
software or other material.
PensionSoft and parties contracting with PensionSoft
are not responsible or liable for any special, indirect or consequential damages
which may result from such harmful components or from your inability to use the
Website or for any loss of data, information or material.
Ownership and use of the information and content on the Website, including but not
limited to all text, graphics, software applications, video and audio files and
photos ("Content") is PensionSoft's property, or the property of our suppliers,
and is protected by copyright under both United States and foreign laws, unless
You may make and use printouts of the Content for your
personal, non-commercial use only, provided that the printouts retain all
copyright, trademark and proprietary notices. The use of the Content on any
other Web site or in a networked computer environment for any purpose, or any
other republication or redistribution of the Content, including, without
limitation, framing the Content within another Web site, is expressly prohibited
without the prior written permission of PensionSoft.
otherwise provided under ERISA and the Internal Revenue Code of 1986, as
amended, or any agreement between PensionSoft and your employer, you agree that
this Agreement will be governed and interpreted in accordance with the laws of
the State of Connecticut without regard to principles of conflict of laws. You
further agree to submit to the exclusive jurisdiction of the federal and state
courts in the State of Connecticut located in Hartford County.
Amendment of Terms and Conditions
PensionSoft may amend this statement of terms and conditions for
the Website from time to time without prior
notice. PensionSoft is responsible for posting a notice on the Website of any material amendments to this statement of terms and conditions.
Your continued use of the Website is your agreement to the terms of any and all
From time to time, as a convenience for you,
PensionSoft may provide links to third-party websites, or permit third parties to
link to this website. Links to or from a third-party site, whether provided by
PensionSoft or not, do not imply any affiliation between PensionSoft and the site
owner, or an endorsement of such third-party sites. We are not responsible or
liable for the accuracy or completeness of the content on any such third-party
sites. We may cancel any link at any time and will remove any link from this
website upon request from the owner of the linked site. Such requests should be
sent to firstname.lastname@example.org.