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 personal identifiers.
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.
Accountholder Responsibility
Accountholders are 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 authorizes.
PensionSoft Responsibility
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.
Website Maintenance
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.
Content Ownership
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 otherwise indicated.
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.
Governing Law
Except as 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 such amendment(s).
Hyperlinks
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 support@pensionsoft.com.
