Agreement for Online Access to Aspire's Recordkeeping System
This Agreement for Online Access to Aspire's Recordkeeping System ("Online Agreement") provides important information about your rights and responsibilities, including arbitration provisions, involved with accessing Aspire's recordkeeping system ("InvestLink ℠") online. Each time you enter your user ID and password to access InvestLink, you agree to the terms of this Online Agreement. Please read this Online Agreement carefully.
I. Prohibited Acts
Aspire prohibits certain acts with regard to InvestLink. Aspire will have a right to monitor your use of InvestLink and to limit or disable your access to InvestLink upon evidence of your participation in a prohibited act. To the extent that your actions related to InvestLink may constitute a violation of applicable law or regulation, Aspire will have a right to notify and cooperate with appropriate enforcement agencies.
You represent and warrant that all information you enter into InvestLink (including without limitation, employers or service providers entering information regarding participants and transactions) is accurate, complete, and timely. You represent and warrant that you will not take part in any prohibited acts, including without limitation:
- Accessing or using InvestLink in violation of any applicable law or regulation;
- Co-branding or framing any portion of InvestLink without the express written consent of Aspire;
- Reverse engineering, decompiling, disassembling, reproducing, hacking, tampering with, or taking similar actions with regard to InvestLink or any portion thereof;
- Adding, removing, or altering any of the text, logos, trademarks, service marks, or other elements or information on InvestLink without Aspire's express written consent;
- Introducing into InvestLink or any portion thereof material that might impair, interrupt, limit, interfere with, damage, disable, overburden, or destroy the functionality or operation of InvestLink or any portion thereof, computers, computing devices, networks, software, hardware, telecommunications systems, or other property of Aspire or of other users of InvestLink ("Harmful Elements"), including without limitation, viruses, worms, computer code, files, programs, or other similar mechanisms;
- Attempting to compromise the security of InvestLink, including without limitation, using tools designed to compromise security such as password guessing programs, cracking tools, or network probing tools;
- Using a user ID or password other than the user ID and password uniquely attributable to you;
- Accessing, collecting, storing, or disclosing personal information about any person without all appropriate express, written consents;
- Taking any action with regard to any assets, plan, or account for which you do not have all necessary and proper authority and permission; and
- Using InvestLink or any portion thereof to invoice or direct payment of amounts that are prohibited in any way by the governing documents of the applicable plan, by the applicable service agreements, or by applicable law or regulation.
II. User IDs and Passwords
Aspire makes access to InvestLink available upon the entry of a user ID and password. Each user ID and password combination is unique to a single user. User ID and passwords indicate to Aspire the identity of the person accessing InvestLink. Levels of access and permissions in the InvestLink system vary based on the role that each user fulfills with regard to a plan, participant, or account.
User IDs and passwords are for individual use only. You are responsible for maintaining the security of your user ID and password. Aspire is not responsible for damages resulting from your failure to maintain confidentiality of your username and password. You agree to notify Aspire immediately of any loss, theft, or other potential for unauthorized access to your user ID or password.
Aspire may rely on your entry of your unique user ID and password as verification of your identity when your user ID and password are used to log into InvestLink. Entry of your user ID and password will be considered the legal equivalent of your written signature authorizing Aspire to act on the activities conducted in InvestLink under your user ID and password. Aspire is under no obligation to further confirm the identity or authority of anyone logging into InvestLink using your user ID and password.
III. No Advice
Nothing in InvestLink shall be construed as Aspire rendering any tax, legal, investment, accounting, or other advice of any kind. Nothing in InvestLink shall constitute a recommendation or opinion by Aspire as to the suitability of any specific strategy, security, investment, product, or service. Nothing in InvestLink shall constitute an offer to sell or a solicitation of an offer to buy any strategy, security, investment, product, or service.
Aspire may make available online calculators, savings estimators, allocation aids, and similar online tools related to retirement savings and/or planning ("Planning Tools"). Some Planning Tools may interact with information in InvestLink. Some Planning Tools may be provided by entities not affiliated with Aspire, but made available through Aspire's websites and/or through InvestLink. Nothing contained within or resulting from the use of any Planning Tool shall be construed as an endorsement, recommendation, or advice by Aspire. To the extent that any Planning Tool provides any endorsement, recommendation, or advice, the endorsement, recommendation, or advice comes from a third party. If you have questions about the source of any endorsement, recommendation, or advice provided through a Planning Tool, you should review information about that Planning Tool and/or contact Aspire.
IV. Definitive Disclosure
As a part of InvestLink, for certain plan types, Aspire may make available "Definitive Disclosure," a software application that provides a means for retirement plan service providers to submit information about themselves, their services, and their compensation ("Service Provider Data") and allows for other parties such as plan sponsors and plan fiduciaries to access this information.
Retirement plan service providers may find Definitive Disclosure useful in making certain disclosures to plan fiduciaries. However, Aspire makes no representation or warranty that any disclosure requirements will be met solely through the use of Definitive Disclosure. Plan fiduciaries and retirement plan service providers retain all responsibility for ensuring that all required disclosures have been properly made. Aspire assumes no responsibility for making such disclosures.
Definitive Disclosure may allow plan fiduciaries to create reports and otherwise review information based on Service Provider Data. Reports and any other outputs generated through Definitive Disclosure are based solely on Service Provider Data entered by the retirement plan service providers. Aspire makes no representation or warranty as to the accuracy, completeness, timeliness, reasonableness, or any other quality related to the Service Provider Data or the invoices, reports, or other outputs generated by Definitive Disclosure. Each retirement plan service provider is exclusively responsible to input, monitor, and update its Service Provider Data as necessary. Each retirement plan service provider is responsible for ensuring that each invoice generated through Definitive Disclosure accurately reflects the terms of the relevant service agreement with the applicable plan/plan fiduciary.
V. Disclaimer of Warranties
InvestLink and all portions thereof are provided “as is” without any warranty of any kind, express or implied. Aspire expressly disclaims all implied warranties, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Aspire does not guarantee or warrant that InvestLink or any portion thereof will be uninterrupted or error-free; that defects, if any, will be corrected; or that InvestLink, any portion of investlink, or the servers that make InvestLink available will be free of Harmful Elements. By logging into the InvestLink system, you assume the entire risk associated with any loss or damage arising from the use of InvestLink.
Aspire does not make any representation or warranty with regard to the accuracy, timeliness, or completeness of any information available on or through investlink or any portion thereof. Aspire makes available information from various sources, including without limitation, information provided by plan sponsors, plan fiduciaries, trustees, custodians, retirement plan service providers, and mutual fund families. Aspire is not responsible for verifying the accuracy of such information before making it available through investlink or any portion thereof or for reliance by any person or entity on such information.
Aspire may make available financial market data, securities data, quotes, price charts, estimates, projections, news, commentary, analysis, opinions, research reports, and similar information (“Market Information”) through investlink and/or otherwise on Aspire’s websites. Market Information may include information from sources not affiliated with Aspire. Aspire shall not be obligated to update Market Information and may discontinue making Market Information available at any time without notice. Market Information is made available only as a convenience. You should not rely on Market Information, and Aspire will not be responsible for such reliance.
Aspire uses reasonable precautions to protect information in InvestLink, but Aspire does not guarantee or warrant that information transmitted or accessed via the internet is secure or that such transmissions and access will be free from delay, interruption, error, interception, or loss of data. By accessing InvestLink, you assume all risks associated with information being transmitted or accessed via the Internet, and Aspire shall have no responsibility or liability for damages or losses that arise from such transmission or access.
VI. Limitations of Liability
With regard to any claims arising out of or in connection with InvestLink or any portion thereof, to the fullest extent permitted by law, in no event shall:
- Any claim be made against Aspire; Aspire’s parent company, subsidiaries, affiliates, licensors, subcontractors; or the officers, directors, owners, agents, or employees of any of these (collectively, the “Aspire Parties”) more than one year after the event giving rise to the claim occurred;
- Any Aspire Party be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages; any lost profits, income or revenue; trading losses; damages for business interruption; loss of information, programs, or other data; damages for inconvenience or delay;
- Any Aspire Party be liable for any amount in excess of the amount of compensation paid to that Aspire Party with regard to the applicable plan or account during the billing period in which the event giving rise to the claim occurred.
These limitations shall apply regardless of the form of action, whether based in statute, arising in contract, indemnity, warranty, strict liability, tort (including negligence) or otherwise; regardless of whether Aspire knew or had reason to know of the possibility of such damages; and regardless of whether the circumstances giving rise to the claim were within Aspire’s control. These limitations of liability shall be in addition to any other limitation of liability provided in any applicable agreements between you and an Aspire Party.
You agree to indemnify and hold harmless the Aspire Parties from and against any and all claims and expenses, including without limitation, attorneys' fees, arising out of your accessing or using InvestLink or any breach of this Online Agreement. This indemnification shall include claims brought by third parties arising out of your use, access, or breach.
VIII. Dispute Settlement
You acknowledge that any violation of this Online Agreement may cause Aspire irreparable harm, the amount of which may be difficult to ascertain, and you agree that Aspire shall have the right to apply to a court of competent jurisdiction for an order enjoining any further wrongful acts and for such other relief as Aspire deems appropriate. This right of Aspire is to be in addition to the remedies otherwise available to Aspire.
Except as noted above, all disputes arising out of or in connection with InvestLink shall be solely and finally settled by arbitration in Tampa, Florida, in accordance with the then-applicable rules of the American Arbitration Association and Florida law. The award of the arbitrator(s) shall be the sole and exclusive remedy regarding any claims, counterclaims, or issues presented to the arbitrator(s); shall be final and subject to no judicial review; and may be entered and enforced in any court having competent jurisdiction over the parties or their assets.
Each party shall be responsible for its own expenses, including legal fees, incurred in the course of any arbitration and/or legal proceedings. The fees of the arbitrator(s) shall be divided evenly between/among the parties to arbitration.
IX. Additional Terms
b. Age Requirements
Aspire does not intend for InvestLink or any Aspire website to be used by or collect data from children under the age of thirteen (13). Aspire does not knowingly collect data from children under the age of thirteen (13) without parental consent. By accessing an Aspire website or logging into InvestLink, you represent and warrant that you are not under the age of thirteen (13).
c. Section Headings
All section headings in this Online Agreement are for convenience of reference only and are not to be considered in the interpretation or construction of any provision of this Online Agreement.
If any provision of this Online Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the invalid, illegal, or unenforceable provisions. Each provision of this Online Agreement is intended to be severable, and the invalidity, illegality, or unenforceability of any provision of this Online Agreement shall not affect the remainder thereof.
e. No Waiver
Any delay by Aspire in enforcing any provision of this Online Agreement shall not be construed as a waiver of such provision or of Aspire's right to enforce it with regard to that occurrence or any future occurrence.
f. Governing Law
This Online Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws principals.
Aspire may make changes to the terms of this Online Agreement from time to time. Such changes will be effective when posted here, or as otherwise specified. Each time you log into InvestLink, you are agreeing to the most recent version of this Online Agreement.