BY CLICKING “I ACCEPT” YOU ARE AGREEING TO BE BOUND BY EACH AND EVERY TERM AND CONDITION CONTAINED IN THIS AGREEMENT.
As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, register as a subscriber, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership or use any other tool or service that we provide to you. This document serves as your SUBSCRIBER AGREEMENT and as such you must carefully read this document before using the services that we offer.
Age of Majority Required
You must be at least 18 years of age, legally an adult and legally able to enter into a binding contract in order to have a membership. If you are a minor, you may use the site only if you parent or guardian agrees to be bound by each and every term and condition of this Agreement and agrees to directly supervise your use of our site at all times.
Special Disclaimer and Advisory Information
The Safer 401(k) system is a potentially useful tool but like all tools it is not designed to replace the services of a licensed financial advisor or your own independent financial research and analysis. Always consult a licensed financial advisor before you make any personal investment decisions of any nature.
Do not solely rely upon any information, data, tool, advice, commentary or any other type of material or communication found or published anywhere on our site or as produced by our Safer 401(k) tool to make your investment decisions. To do so would be a serious mistake in judgment on your part.
Usage of the Safer 401(k) tool is provided on a paid for basis only.
Safer401k.com, and the owner and operator of this web site, does not provide financial advice. Should you contact a financial professional whose profile is published on this site any professional advice that you receive comes from that professional, not this site or the owner and operator of this site.
Void Where Prohibited By Law
These TOS are void where prohibited by law and no Subscriber may use our tools and services in such jurisdictions.
Subscriber, which includes all publishers, advertisers and other parties using our tools and services, warrants that it will not (whether a publisher, advertiser or otherwise) publish or cause to be published any content that is infringing, defamatory, indecent, obscene, intolerant, racist or that otherwise violates any law or right of any third party or entity, as set forth herein.
Removal of Your Content
We reserve the right to remove any content from the site at any time for any reason, or to terminate any user’s right to use the site at any time for any reason. We may or may not provide a reason for removal of services to any user if we deny services.
Our Services Are Only Available to Paid Members
A valid, paid up subscription account is required to access our services, according to our fee schedule for the type of membership you have purchased.
We may publish general rules of conduct on our site. These rules must be followed and they may change from time to time with no advance notice to you. Please ensure that you review our rules of conduct frequently and follow them. As is common with most sites, you are disallowed from the following conduct:
You may not:
- Violate the law of any jurisdiction while visiting our site, our forums, or using any tool or service that we provide.
- Harass or Cyberstalk any user.
- Conduct any activity that is harmful or detrimental to our site, or business, our users, or our advertisers, as solely determined by us.
- Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
- Upload any material that is harmful to our users’ computers or objectionable to our community as a whole.
- Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
- Falsely represent your professional or business credentials or professional background.
- Publish content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch.”
- Publish content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- Publish content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.
- Advertise any service or good that is illegal or prohibited by law.
- Distribute any files that are harmful to computers, telecommunications, or individuals or property.
- Send email that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.
- Use any robot, script or other automated device to collect content from our site.
We may publish advertising content on our site at some time in the future. You agree to allow us to do so in any manner we deem, in our sole discretion, to be appropriate.
User Names cannot be changed, unless we request the user name to be changed. You cannot select any User Name that violates any law of any nature, is indecent or obscene, or games our system. The information you give us during registration, such as your name, physical address, telephone number and email address, must be correct and complete. Should such information change, you immediately must alert us of the change or log into your administration area and make the required changes to ensure that such information is kept up to date. You cannot provide information that is false, misleading or inaccurate. All information you provide must be accurate and cannot be deceptive in any manner.
Refrain From Copyright Infringement
All content provided by you must be your wholly original content. That means that your notes must be your original notes, you may not plagiarize any one else’s content. You may not provide us with content that violates intellectual property rights, the rights of privacy or publicity or any other law. You agree to hold us harmless and indemnify us from any loss, damage, fee, cost, award or reasonable attorney’s fees regarding any threatened or actual legal controversy regarding any content that you upload to our web site.
Refrain From Improper Content
Your content must be free of intolerant language, “hate” language, indecency, obscenity or any other elements that we, in our sole discretion, find to be objectionable in nature. Use your common sense when creating any content. If we find it to be objectionable in nature, we will remove it without commentary and without prior notice to you. Typical removals may be because your content is indecent, obscene, appears to us to be in violation of copyright, trademark or some other intellectual property law, or is simply content that we believe would be either illegal or objectionable in nature to our community.
Licensing Your Content To Us
If you elect to give us the exclusive right to offer your content, you are giving us a, permanent, transferrable, royalty free license to publish your content. That means you cannot upload your content to any other web site or otherwise publish your content anywhere else in any medium. “Content” as referenced herein refers to any text, graphics or other material that you intentionally publish to the general public via any tool or service that we provide.
All Users who upload any content to our site, hereby grant us a perpetual, transferrable, irrevocable, royalty-free, nonexclusive, worldwide right and license (with the unrestricted right to grant sublicenses) to post, copy, reproduce, modify, alter, translate, publish, distribute, download, perform, display, transmit and otherwise use such content in any format or medium for any purpose whatsoever, including, but not limited to, commercially profiting from such content. By publishing content on our site, you grant all other users the right to access, view, display, download, store, print and otherwise use such content. We reserve the right in its sole discretion to remove all content published by any user, or to restrict, suspend or terminate access to all or any portion of our website, tools or services, at any time, for any or no reason, with or without prior notice and without liability. Use of our website and the tools and services provided are subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. Users are solely responsible for all activities, acts and omissions that occur in, from, through or under their user names or passwords.
Keep copies of all your documents on your own hard drive. We do not promise that our system won’t accidentally erase your files, although such would be very unusual.
You may not obtain content from our site and duplicate, broadcast, copy, “share,” or otherwise give or lend it to anyone else unless such permission is granted explicitly by your subscription license. The content you obtain from our site is for your own personal use only. That means you cannot share the content on our site with any third party, including friends, relatives, people you work with and so forth.
The User Generated Content (“Content” provided by our members, such as information published in comments) on our site many not be uploaded, sold or redistributed through any other mediums, specifically other websites, which are available to of the public.
The User Generated Content upon our site may only be used for non-commercial, personal or educational purposes. Copyright and other intellectual property notices must be observed at all times. Exploitation, modification, and creation of derivatives of User Generated Content is prohibited.
Automated Access Forbidden
You cannot use any robots, scripts, or any automated process to search, post, upload or view pages on our site with the exception of search engines that we have not blocked.
User Name Restrictions and Account Restrictions
We reserve the right to remove or modify your user name if it appears to us, to violate trademark or copyright law, is obscene or otherwise inappropriate in nature, is designed to be misleading, intolerant, hateful or is otherwise objectionable to us or if it is in our opinion designed to “game” any of our systems. The account we provide you is for your personal use only. You cannot allow any third party to use your account and in such cases when we discover such violations we reserve the right to suspend or permanently terminate your account and block any further usage of our site by you. We are not responsible for any losses due to unauthorized use of your account but you may be liable to us for such unauthorized use of your account or you may be liable to third parties for such unauthorized use of your account.
Termination of Account
If your account is terminated by us for any reason, your files and related information stored on our servers will be deleted in due course.
General Content Restrictions
Any photograph, graphic, text or any other content that you upload must not be obscene or indecent, or violate any intellectual property law or otherwise be, in our sole discretion, inappropriate.
You agree to refrain from using abusive language, “hate” or intolerant speech, obscenity, indecency or any other language that we deem, in our sole discretion, to be objectionable in nature.
Electronic Communications Privacy Act Notice (18USC 2701-2711):
WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE. We are not liable for the privacy of any email address, registration or identification information, data storage, communications, trade secrets, or any other content stored in our database or transmitted through our services.
User IDs and Passwords
You will be provided with the ability to select a password and User ID. You must provide us with accurate, complete and updated registration information or your account shall be terminated. You may not select or use a User ID that is the name of another person or use any name that you are not legally allowed to use or one that violates the legal rights of another person or entity. You may have only one User ID. You are responsible for the security of your password and User ID.
If you believe any member has violated the law you should contact the Securities and Exchange Commission (SEC). The SEC’s e-mail address for complaints is firstname.lastname@example.org. Their mailing address is: SEC Division of Enforcement Complaint Center Mail Stop 7-10 450 Fifth St., NW Washington, D.C. 20549 1-800-SEC-0330 (toll free) 202-942-9570
You should be aware of the possible risks of online investing and market analysis. The SEC and FINRA provide content on avoiding online investment schemes aimed at taking advantage of unsuspecting investors. It is the mission of the U.S. Securities and Exchange Commission is to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation.
Some members may reflect an Investor Relations Professional (IRP) designation. IRPs are professional businesspersons providing investor awareness, investor relations, or any other compensated promotional service or activity relating to a publicly traded stock. The IRP status provides them the means to include a notice and link to their legally required Disclosure/Disclaimer. If a post or publication by a member on or through our site qualifies for a Disclaimer/Disclosure, it is the IRP’s responsibility to mark their posting or profile accordingly.
The absence of an IRP Disclosure/Disclaimer should not be construed to indicate the poster is not subject to 17(b) requirements. We do not track promotional activity engaged in by IRPs and we are not party to any such agreements nor do we receive compensation for specific promotions.
All members who have an IRP designation are required to follow all related laws of all nature as established by Federal and State Law.
Any activity generally described as “spamming” by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings for any purpose will result in membership and access to our site being terminated without prior notice to the member.
Confidential Information and Privacy Concerns
Subscriber agrees to refrain from disclosing any Confidential Information that belongs to us, without our prior written permission. Such Confidential Information includes information regarding our software, programming, scripts and technical specification as to each, guidelines, documentation, inventions and developments that the Subscriber creates based on our intellectual property, click through rates, statistics relating to our site or services, and other information marked as “Confidential” by us. Confidential information does not include information that has become known to the public through no breach of Subscriber or that has been independently developed without access to our confidential information as proven by written history of the development of the same, or otherwise rightfully received by a third party, or released pursuant to law or governmental authority or order of the Court of competent Jurisdiction.
We may keep and use for our own purposes all information and data that the Subscriber provides us, including site demographics and contact and billing information. Subscriber agrees that this information is freely transferable by us and may include personally identifying information. Such information may be released by us to entities in jurisdictions that have less restrictive laws regarding privacy than the United States has.
We disclaim all responsibility and will not be liable to Subscriber for any such disclosure of information to any third party or entity. We may share aggregate information that is not personally identifiable with our advertisers, publishers, partners and any other third parties.
Subscriber warrants that he is legally able to enter into these TOS and be bound by the terms and conditions contained therein.
If any provision of these TOS are found to be unenforceable or invalid, that provision(s) the remaining provisions shall be valid and enforceable. This Agreement is not transferable by Subscriber but is fully and without limitation of any nature transferable and assignable by us.
No agency, partnership, employment or joint venture is created by these TOS. Each party is an independent contractor as to the other party. Subscriber has no ability to represent or bind us in any way.
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at email@example.com.
Please provide our Agent with the following Notice:
a) Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
Intellectual Property Provisions
All content provided within or via this site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored. All content on this site is protected by US and State copyright laws.
Termination of Service
We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. We may also discontinue any and all tools and services without prior notice to you.
You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
Automatic Viewing or Usage of This Site
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
Links to Third Party Sites
We are not responsible for any content provided to you by our site members or advertisers. We do not screen content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.
INFORMATION POSTED OR PUBLISHED BY OUR USERS MAY BE MISLEADING, FALSE OR OTHERWISE EXTREMELY UNTRUSTWORTHY. USE EXTREME CAUTION BEFORE FOLLOWING ANY LEGAL, INVESTMENT, OR OTHER ADVICE, SUGGESTIONS, TIPS OR OTHER COMMUNICATIONS. ALWAYS CONSULT WITH A PROFESSIONAL, REGISTERED/LICENSED INVESTMENT COUNSELOR BEFORE MAKING ANY INVESTMENT DECISION WHATSOEVER.
You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful, incorrect, false, misleading and or offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.
The laws of New York, U.S.A. will apply to any disputes arising out of or relating to these Terms or the Service. All claims arising out of or relating to these Terms or the Service will be litigated exclusively in the federal or state courts of Erie County, New York, USA, and you consent to personal jurisdiction in those courts.
We make no representation that the usage of this site, or the content provided herein will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA).
Modifications of This Agreement
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances. Our site, and our tools and services, may not be available 100% of the time due to circumstances outside of our control.
Intellectual Property Notices Have Been Provided To You
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
Limitation of Liability
To the maximum extent permitted under law, you agree that we are not liable for any loss or damage of any kind resulting from the use, inability to use, performance or nonperformance of the Service or any content, information or data accessed on or through the Service. We provide the service “as is.” You further agree that we are not responsible or liable for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
You agree to indemnify and hold us and our directors, officers, shareholders, subsidiaries, affiliates, agents, and licensors harmless from and against any and all claims, causes of action, losses, expenses, damages, and costs, including attorneys’ fees, resulting from: (1) your violation of the Terms, (2) your use of the Service or any content, information or data accessed on or through the Service and/or (3) your infringement or violation of any third-party’s rights, including intellectual property rights.
You may reach us via firstname.lastname@example.org