Terms of Service

Intelligent401k Terms of Use

This Website, together with the Privacy Policy, details the terms of a legal agreement (the “Terms of Use”) between you and Intelligent401k, LLC, also acting on behalf of its subsidiaries and affiliates, (collectively “Intelligent401k”). By accessing or using this website, currently located at www.intelligent401k.com, or any Content (as defined below) you acknowledge and irrevocably represent that you have read and understood the Terms of Use and you voluntarily and irrevocably accept and agree to be bound by the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of this website, the Content, the use of the internet, and to the activities involved in using this website. The website, the Content, and the Intelligent401k services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the website, the Content, and the Intelligent401k services, you represent and warrant that you are of legal age to form a binding contract with Intelligent401k and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website, the Content, and the Intelligent401k services.

If you do not agree with these Terms of Use, do not use this website, the Content, and the Intelligent401k services. If you, or the entity through which you were provided a log-in ID and password, subscribed to certain content or services found on this website, the Content, and the Intelligent401k services by way of executing a written agreement, in the form of an addendum, order form or otherwise, (“Agreement”), then these Terms of Use shall be supplemental to such Agreement, and use of this website, the Content, and the Intelligent401k services is subject the terms of the Agreement in addition to these Terms of Use. By accessing this website, the Content, and the Intelligent401k services, you acknowledge that you have read and are bound by the Agreement.

Intelligent401k reserves the right to vary, amend, remove or add to the Terms of Use at any time. Such modifications shall be effective immediately. Your continued access and use of this website, the Content, and the Intelligent401k services and Content following the posting of modifications to the Terms of Use shall constitute your acknowledgement and acceptance of such modifications. If, at any time, you do not wish to accept the Terms of Use, you must immediately cease to access or use this website, the Content, and the Intelligent401k services. Any additional terms, conditions or modifications to these Terms of Use that are proposed by you shall be of no force or effect unless and until expressly agreed to by Intelligent401k in writing.

  1. LicenseYou acquire absolutely no rights or licenses in or to this website, the Content, and the Intelligent401k services and any text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, audio, video, artwork, computer code, information, data and material therein (collectively, the “Content”) other than the limited right to utilize this website, the Content, and the Intelligent401k services for your own personal, internal, non-commercial purposes in accordance with these Terms of Use.
  2. Restrictions on UseYou will not in connection with your use of this website, the Content, and the Intelligent401k services and all content therein: (a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation, including without limitation those relating to competition or antitrust; (b) interfere with or disrupt the computer networks of Intelligent401k or attempt to do so; (c) forge headers or in any manner manipulate identifiers in order to disguise the origin of any information; (d) download, upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of Intelligent401k or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (e) interfere with or disrupt the use of this website, the Content, and the Intelligent401k services by any other customer or user or reverse look-up, trace or seek to trace any information on any other user of or visitor to this website, the Content, and the Intelligent401k services, or any other customer of Intelligent401k, including any Intelligent401k account not owned by you; (f) probe, scan or test the vulnerability of this website or any network connected to this website or attempt to gain unauthorized entry or access to the computer systems of any other person or entity; (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or Intelligent401k’s systems or networks, or any systems or networks connected to this website or to Intelligent401k; or (h) download, upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law.You may not use any linking, deep-linking, framing or page-scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of this website, the Content, and the Intelligent401k services, or in any way reproduce or circumvent the navigational structure or presentation of this website, the Content, and the Intelligent401k services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this website, the Content, and the Intelligent401k services.Unless provided otherwise in an Agreement, you hereby agree and acknowledge that you are expressly prohibited from: (i) making available all or any portion of the Content to any other person or entity, except as expressly permitted in these Terms of Use or in an Agreement; (ii) creating derivative works from the Content; and (iii) using the Content in the provision of any services to third parties. In addition, you shall not distribute, transfer, sub-license, rent, lend, transmit, sell, re-circulate, repackage, assign, lease, resell, publish, copy, translate, convert, decompile, reverse engineer, alter, enhance, disassemble, modify, or change all or any portion of the Content.

    You shall not use the Content to develop, support, create or provide pricing for: (i) any database or product that competes directly with the Content or any other Intelligent401k product or service offered in the marketplace or would create a functional substitute for any such Intelligent401k products or Content; or (ii) any index (e.g. any composite financial index).

    You may download and use certain Content that is purposely and expressly made available by Intelligent401k for downloading from this website, the Content, and the Intelligent401k services (such as product sheets or articles), provided that you: (i) do not remove any proprietary notice or disclaimer language in any copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any representations or warranties relating to same.

  3. Modification of Website and ContentThis website and Content are subject to modification by Intelligent401k to reflect statistical, technical, administrative, market based or similar changes that Intelligent401k determines in good faith are required or desirable. Intelligent401k also may make changes to any products or services offered on this website, the Content, and the Intelligent401k services, or to the applicable prices for any such products or services, at any time, without notice.
  4. No AdviceThis website and the Content is not, and should not be construed as financial, legal or other advice of any kind, nor should it be regarded as an offer or as a solicitation of an offer to buy, sell or otherwise deal in any investment. You may not use the website or the Content in, or generate based on the website or Content, any advice, recommendations, guidance, publications or alerts made available to any third party. Nothing in the website or the Content constitutes a solicitation by Intelligent401k of the purchase or sale of loans, securities or any investment.Certain investment planning tools available on the Intelligent401k website may provide general investment education based on your input. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
  5. Delivery and SecurityYou shall solely be responsible for any and all necessary equipment and connections from your own computer systems to the Intelligent401k systems that will allow for access to this website and delivery of the Content. Intelligent401k shall have no responsibility for any such equipment or connections. You shall ensure that you have implemented security systems and procedures to prevent the unauthorized access to or misuse or disruption of this website or Content.
  6. Intellectual PropertyThe ownership and intellectual property rights of this website including all Content, models, software, information, data, documentation, computer programs, systems, customizations, enhancements thereto, and the design, structure, selection, coordination, expression “look and feel” and arrangement of the Content, and enhancements, modifications or additional Content thereto shall be the sole and exclusive property of Intelligent401k (or the relevant affiliate of Intelligent401k or Data Provider (as defined below), as the case may be) and you shall not: (i) copy such material for any purpose (including by reverse engineering) or disclose it to any third party for any purpose whatsoever; (ii) by act or omission infringe upon Intelligent401k’s intellectual property rights in this website or Content. You acknowledge that this website, the Content, and the Intelligent401k services, was developed, compiled, prepared, revised, selected and arranged by Intelligent401k and others (including certain third party information sources (each a “Data Provider”)) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute valuable intellectual property and trade secrets of Intelligent401k or such relevant Data Provider.You hereby agree to use commercially reasonable efforts to protect the proprietary rights of Intelligent401k or the relevant Data Provider in this website and Content. You irrevocably agree and acknowledge that, as between you and Intelligent401k, this website and Content, as may be amended from time to time, is the sole and exclusive property of Intelligent401k, and shall not be considered works for hire. You shall honor and comply with all reasonable written requests made by Intelligent401k to protect its contractual, statutory and common law rights in this website and Content. You agree to notify Intelligent401k in writing promptly upon becoming aware of any unauthorized use of this website or Content or any claim that any or all of this website or Content infringes upon or constitutes any unlawful use of any copyright, database right, trade mark, or other proprietary, intellectual property, contractual, statutory or common law rights of a third party.Trade Marks. You shall not use any of Intelligent401k’s trademarks, trade names or service marks in any manner, and in no event in a manner accessible by or available to any third party. You acknowledge that you have no ownership or license rights in or to any of these names or marks.

    Copyright. This website and Content is protected as a collective work or compilation under UK copyright, U.S. copyright and other laws and treaties. All data, information, articles, columns and other elements making up the Content are copyrighted works and Intelligent401k hereby reserves all rights.

    Copyright Infringement Claims. We respect the intellectual property rights of others, and require that the people who use this website, the Content, and the Intelligent401k services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Intelligent401k’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:

    • Your address, telephone number, and email address;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the alleged infringing material is located;
    • 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;
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    Copyright Agent:
    Intelligent401k, LLC
    PO Box 681680

    Park City, UT 84068
    Attention: Copyright Dept.

    privacy@intelligent401k.com

     

  7. Privacy PolicyPlease review the Privacy Policy, which also governs your visit to and use of this website, the Content, and the Intelligent401k services.
  8. Links to Third Party WebsitesThis website may contain links to websites of third parties. These links are provided to you as a convenience, and Intelligent401k is not responsible for the content of any linked website. In addition, a link to any non-Intelligent401k website does not imply that Intelligent401k endorses or accepts any responsibility for the content or use of such a website.
  9. Other Intelligent401k ServicesIntelligent401k may provide you with access to Intelligent401k services through links and/or dedicated frames (collectively, “Other Intelligent401k Services”) from this website, the Content, and the Intelligent401k services. For example, you may have access to a toolbar provided by our Intelligent401k service that allows you, amongst other things, to navigate data and Content on both Intelligent401k and third party websites.Your use of Other Intelligent401k Services shall be governed by any applicable terms of use and privacy policies. We recommend you review those before using Other Intelligent401k Services.
  10. Log-inTo access the website, the Content, and the Intelligent401k services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the website, the Content, and the Intelligent401k services that all the information you provide on the website, the Content, and the Intelligent401k services is correct, current, and complete. You agree that all information you provide to register with the website, the Content, and the Intelligent401k services or otherwise, including but not limited to through the use of any interactive features on the website, the Content, and the Intelligent401k services, is governed by Intelligent401k’s Privacy Policy, and you consent to all actions Intelligent401k takes with respect to your information consistent with Intelligent401k’s Privacy Policy.If you choose, or are provided with, a user name, password, or any other piece of information as part of Intelligent401k’s security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the website, the Content, and the Intelligent401k services or portions of it using your user name, password, or other security information. You agree to notify Intelligent401k immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.Intelligent401k has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Intelligent401k, at any time in Intelligent401k’s sole discretion for any or no reason, including if, in Intelligent401k’s opinion, you have violated any provision of these Terms of Use.

    You acknowledge that log-on access codes and passwords that are provided to you are for your use only and may not be shared. You shall ensure that your log-on access code and password is kept confidential. You agree to accept sole responsibility for the use and protection of the log-on access codes and passwords provided to you, including protecting the confidentiality of such passwords. You shall use commercially reasonable efforts to prohibit or cease any unauthorized access to this website, the Content, and the Intelligent401k services.

  11. Disclaimer of Warranties and Limitation of LiabilityDisclaimer of Warranties. THIS WEBSITE AND CONTENT PROVIDED TO YOU BY INTELLIGENT401K SHALL BE ON “AS IS” BASIS. NEITHER INTELLIGENT401K, ITS AFFILIATES NOR ANY DATA PROVIDER MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF THIS WEBSITE OR CONTENT OR AS TO THE RESULTS TO BE ATTAINED BY YOU OR OTHERS FROM THE USE OF THE CONTENT. YOU HEREBY ACKNOWLEDGE THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND THAT IT HAS NOT RELIED UPON ANY WARRANTY, GUARANTY OR REPRESENTATION MADE BY INTELLIGENT401K, ITS AFFILIATES OR ANY DATA PROVIDER, EXCEPT THE REPRESENTATIONS MADE BY INTELLIGENT401K SPECIFICALLY SET FORTH IN THIS TERMS OF USE.No Liability. NEITHER INTELLIGENT401K, ITS AFFILIATES NOR ANY DATA PROVIDER SHALL IN ANY WAY BE LIABLE TO YOU FOR ANY INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, IN THE CONTENT PROVIDED HEREUNDER OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, INTELLIGENT401K SHALL HAVE NO LIABILITY WHATSOEVER TO YOU, WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER A WARRANTY, UNDER STATUTE OR OTHERWISE, IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF OR IN CONNECTION WITH ANY OPINIONS, RECOMMENDATIONS, FORECASTS, JUDGMENTS, OR ANY OTHER CONCLUSIONS, OR ANY COURSE OF ACTION DETERMINED, BY YOU OR ANY CLIENT OF YOU, WHETHER OR NOT BASED ON THIS WEBSITE OR CONTENT.TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL INTELLIGENT401K, ITS AFFILIATES OR ANY DATA PROVIDER HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ACCESSING THIS WEBSITE AND/ OR THE CONTENT THROUGH YOU, ARISING FROM CONTRACT (INCLUDING UNDER ANY INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER ANY WARRANTY (EXPRESS OR IMPLIED) UNDER STATUTE OR OTHERWISE, IN EACH CASE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WITH RESPECT TO THE SUBJECT MATTER OF THE TERMS OF USE, THE CONTENT AND / OR THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, IN RESPECT OF ANY LOSS OF PROFITS, LOSS OF REVENUE, LOST BUSINESS, LOSS OF OPPORTUNITY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED OR ADVISED TO INTELLIGENT401K.
  12. IndemnificationYou will indemnify, defend and hold harmless Intelligent401k and its affiliates, directors, officers, agents employees, successors, assigns and all Data Providers, and each of their affiliates, directors, officers, agents, employees, members, partners, successors and assigns (“Intelligent401k Indemnitees”) from and against any and all losses, liabilities, damages, costs (including reasonable attorneys’ fees) and expenses arising as a result of any claims, suits or proceedings (collectively, “Claims”) brought by any third party against any Intelligent401k Indemnitees arising from your use of this website, the Content, and the Intelligent401k services.
  13. Violation of these Terms of UseYou agree that Intelligent401k may, in its sole discretion and without prior notice, terminate your access to this website, the Content, and the Intelligent401k services and/or block your future access to this website, the Content, and the Intelligent401k services if Intelligent401k determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of this website, the Content, and the Intelligent401k services. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Intelligent401k, for which monetary damages would be inadequate, and you consent to Intelligent401k obtaining any injunctive or equitable relief that Intelligent401k deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Intelligent401k may have at law or in equity.You agree that Intelligent401k may, in its sole discretion and without prior notice, terminate your access to this website, for cause, which includes (but is not limited to): (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of this website, the Content, and the Intelligent401k services, or (iv) unexpected technical issues or problems.If Intelligent401k does take any legal action against you as a result of your violation of these Terms of Use, Intelligent401k will be entitled to recover from you, and you agree to pay, all reasonable legal costs of such action, in addition to any other relief granted to Intelligent401k. You agree that Intelligent401k will not be liable to you or to any third party for termination of your access to this website, the Content, and the Intelligent401k services as a result of any violation of these Terms of Use.
  14. Limitation on Time to File ClaimsANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  15. GeneralRelationship between the Parties. There is no joint venture, partnership, agency or fiduciary relationship existing between the parties and the parties do not intend to create any such relationship by this Terms of Use.Invalidity. If any provision in or any part of this Terms of Use shall be found to be illegal or unenforceable under any enactment or rule of law then that provision or part shall to that extent be deemed not to form part of this Terms of Use and the remaining provisions shall continue in full force and effect.Governing Law. Your access to and use of this website, the Content, and the Intelligent401k services are governed by and will be construed in accordance with laws the State of Arizona, without regard to the principles of conflicts of laws of other jurisdictions. Each party submits to the exclusive jurisdiction of the federal and state courts of the State of Arizona, for the purposes of determining any dispute arising out of the Terms of Use, its construction or the transactions contemplated by it.

Copyright © 2020 Intelligent401k. All rights reserved.

Last Updated: November 2020