Last revised August, 2011.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE 401K GPS, INC. ("401K GPS") WEBSITE (THE "WEBSITE"). BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. THESE TERMS GOVERN YOUR USE OF THE WEBSITE AND CONTENT AND ARE SUBJECT TO CHANGE BY 401K GPS AT ANY TIME AND IN ITS SOLE DISCRETION. YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS OF USE EACH TIME YOU VISIT. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE WEBSITE OR THE CONTENT CONTAINED HEREIN.
THESE TERMS OF USE ARE IN ADDITION TO ANY OTHER AGREEMENTS BETWEEN YOU AND 401K GPS, INCLUDING ANY CUSTOMER OR ACCOUNT AGREEMENTS, AND ANY OTHER AGREEMENTS THAT GOVERN YOUR USE OF INFORMATION, CONTENT, TOOLS, PRODUCTS AND SERVICES AVAILABLE ON AND THROUGH THE WEBSITE.
PERMITTED USE OF THE WEBSITE
The Website is intended only for your personal, non-commercial use, unless you and 401K GPS have agreed otherwise in writing.
NO OFFER TO SELL SECURITIES, SUITABILITY OF INVESTMENT ADVICE
The Website is intended to be made available only to individuals resident in the United States, and the information on the Website is only for such persons. Nothing on the Website shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction. Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Website. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the United States.
Without limiting the foregoing, no product or service offered or set forth on the Website, nor any analysis, commentary, or other communication (whether written or oral), provided in conjunction with the foregoing shall be deemed to constitute any sort of transaction in securities for the account of others, including, but not limited to, any solicitation, negotiation or execution of the transaction. You also understand and agree that we are not a "broker" or a "dealer" as such terms are defined under the Securities Exchange Act of 1934.
The Website is not intended to provide legal or tax advice and we recommend you consult a professional with respect to such issues. Nothing on the Website should be construed as an offer to sell or a solicitation of an offer to buy any security by 401K GPS or any third party. Certain investment planning tools available on the Website may provide general investment education based on your input. 401K GPS does not represent that the securities, products, or services discussed on, or accessible through this Website are suitable for any particular investor.
Decisions based on information contained on this Website are your sole responsibility, and in exchange for using this Website, you agree to hold 401K GPS, the Third Party Content providers and their respective parents, subsidiaries, affiliates, service providers, licensors, officers, directors or employers harmless against any claims for damages arising from your use of the Website, including any decisions that you make based on such information. 401K GPS does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website. 401K GPS expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on the Website.
Past performance may not be indicative of future results. Therefore, no current or prospective client should assume that the future performance of any specific investment, investment strategy (including the investments and/or investment strategies recommended by 401K GPS, or product made reference to directly or indirectly on this website, or indirectly via link to any unaffiliated third-party website, will be profitable or equal to corresponding indicated performance levels.
Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client’s or prospective client’s portfolio. No client or prospective client should assume that any information presented and/or made available on this web site serves as the receipt of, or a substitute for, personalized individual advice from 401K GPS or any other investment professional.
Historical performance results for investment indices and/or categories generally do not reflect the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results.
In addition to quarterly market updates, 401K GPS may from time to time provide additional information or guidance based on then existing market conditions. Such additional information or guidance, if any, will be sent at the sole discretion of 401K GPS, and 401K GPS undertakes no obligation to update any such information or guidance or to send any future information or guidance regarding market conditions. You are encouraged to check the Website regularly for the most up-to-date market information.
MODIFICATIONS AND CHANGES TO WEBSITE AND CONTENTS
401K GPS may terminate, change, suspend or discontinue any aspect of the 401K GPS Website, including the availability of any features of the site, at any time. 401K GPS may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
USE OF THIS WEBSITE
401K GPS hereby grants you a limited, nonexclusive, non-transferable license to view, bookmark, download, and print the pages within this Website and the documents, graphics, and media incorporated on those pages for your personal and non-commercial use. The pages within this Website may be used solely for personal, informational, and non-commercial purposes. 401K GPS expressly reserves the right to monitor any and all use of this Website.
RETURN AND REFUND POLICY
If you are not completely satisfied, please contact us at
info@401KGPS.com or call toll free at 855.225.4986 within 30 days of your confirmed sign up. Your credit card will be reimbursed within 14 business days.
COPYRIGHT/TRADEMARK
All information and content on this Website is owned exclusively by 401K GPS and/or third parties, and is protected under applicable copyright, patent, trademark, trade dress laws, and/or other proprietary rights. Accordingly, you may not copy, distribute, modify, post or frame this Website, including any text, graphics, video, audio, software code, user interface design or logos. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Website without the written permission of 401K GPS or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.
LINKS TO THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
401K GPS may establish links between this Website and one or more websites operated by third parties. 401K GPS has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by 401K GPS regarding, such websites, the contents of such websites, the products or services of the websites or the operators of the websites. 401K GPS disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our Website. Use of any third party website hyperlinked to or from this Website shall be at your own risk.
The Website includes general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets, securities and other subjects. Some of this content is supplied by companies other than 401K GPS ("Third Party Content"). The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s).
401K GPS has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.
Neither 401K GPS nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and 401K GPS and the applicable Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the Website. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. 401K GPS AND THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES
401K GPS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE WEBSITE IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND 401K GPS DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
401K GPS DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. 401K GPS ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
NEITHER 401K GPS NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA AND CONTENT, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER ARISING OUT OF USE OF THE SERVICE, INABILITY TO GAIN ACCESS TO OR USE THE SERVICE, OR ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF 401K GPS, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL EXCEED $100.
QUESTIONS
If you have any questions regarding the terms and use of this Website, please contact 401K GPS at
info@401KGPS.com.MISCELLANEOUS
These Terms of Use are governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between you and 401K GPS that arises out of these Terms of Use or pertains to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Michigan. If any part of these Terms of Use are unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.
PRIVACY POLICY
A copy of our privacy policy is available at
http://www.401kgps.com/disclosures.aspx. We encourage you to read this privacy policy whenever you use our websites and services to understand how your personal information is used.
