Restrictions on Use
You 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.
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.
Modification of Website and Content
This 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.
This 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.
Delivery and Security
You 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.
The 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:
PO Box 681680
Park City, UT 84068
Attention: Copyright Dept.
Links to Third Party Websites
This 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.
Other Intelligent401k Services
Intelligent401k 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.
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.
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.
Disclaimer of Warranties and Limitation of Liability
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.
You 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.
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.
Limitation on Time to File Claims
Copyright © 2020 Intelligent401k. All rights reserved.
Last Updated: November 2020