Terms of Use

1. Your Agreement to the Terms.

YOUR ACCESS OR USE OF ANY ADMINISTRATIVE RETIREMENT SERVICES, INC. (ARS) WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.

2. Changes to the Terms.

From time to time, Administrative Services Inc. (ARS) may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by ARS it its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website.

3. Provision of the Websites and Services Generally.

ARS makes the Websites and Services available to you on the Terms. You may only use the Websites and Services in accordance with these Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website or Service.

4. No Legal Advice.

ARS is not a law firm and does not provide legal advice. Using the Websites or Services or sending us an email does not create an attorney-client relationship. ARS provides all Websites, Services, information, tools and licenses on an “as-is” basis.  ARS makes no warranties regarding any information, tools or licenses provided on or through the Websites and Services, and disclaims liability for damages resulting from their use.

5. Location of the Websites and Services.

The Websites and Services are controlled and offered by ARS from its facilities in the United States of America. ARS makes no representations that the Websites or Services are appropriate or available for use in other locations. If you are accessing or using any Website or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.

6. Usage of ARS Document Portal.

ARS may, at any time: (a) modify, suspend or terminate the operation of or access to your ARS document portal user account for any reason; (b) modify or change such Websites and Services and any applicable Terms and policies governing your ARS document portal user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as ARS deems appropriate in its discretion. Your access to your account, and use of the related Websites and Services may be terminated by you or by ARS at any time and for any reason whatsoever, without notice.

In addition, ARS reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by ARS in its complete discretion.

7. DISCLAIMER OF WARRANTIES.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, ARS OFFERS THE WEBSITES AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ARS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ARS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

8. LIMITATION OF LIABILITY.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL ARS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE ARS PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE ARS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE ARS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.

9. Indemnification for Breach of Terms of Use.

You agree to indemnify and hold harmless the ARS Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the ARS Parties from and against any and all claims brought by third parties arising out of your use of any of the Websites or Services and the Content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.

10. Privacy Policy.

ARS is committed to handling responsibly the information and data we collect through our Websites and Services and agrees to use your personal information in accordance with the Privacy Policy and the Terms. The Privacy Policy is hereby incorporated by reference into these Terms.

11. Termination of this Agreement.

These Terms will continue to apply until terminated by either you or ARS as set out below. Your right to access and use the Websites and Services terminates automatically upon your breach of any of these Terms that may apply to any of the Websites or Services.

ARS may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, and any Terms and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as ARS deems appropriate in its sole discretion.

Your access to, and use of, the Websites or Services may be terminated by you or by ARS at any time and for any reason. ARS will use reasonable efforts to notify you in advance about any material modification, suspension or termination by ARS that is not caused by your breach of the Terms.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.

12. Miscellaneous Terms.

These Terms are governed by and construed by the laws of the State of Illinois, in the United States, exclusive of its choice of law rules. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and ARS as a result of these Terms, any Additional Terms, or your use of any of the Websites or Services. These Terms and any applicable Additional Terms constitute the entire agreement between you and ARS relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by ARS from time to time) between you and ARS. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.

13. Copyright and Restricted Use.

The WEBSITE content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, the WEBSITE content is protected by trademark laws, the laws of privacy and publicity, and communication regulations and statutes. You are not authorized to post on or transmit to or from this web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute WEBSITE content or substantially copy the information to your own server, or deep link to this web site, without the prior written permission of ARS. You may request permission by sending a request by e-mail to info@ars401k.com.

Terms of Use are Effective as of January 1, 2013.