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THIS AGREEMENT WAS LAST UPDATED ON DECEMBER 15, 2006. SUBSCRIBER AGREEMENT TERMS OF USE AND DISCLAIMER
This Subscriber Agreement and Terms of Use govern Your use of Appleby Retirement Consulting Inc calculators, tutorials and other products and/or services for which paid subscriptions is required, unless other terms and conditions expressly govern, . Use of the term ‘We’ shall mean Appleby Retirement Consulting Inc Use of the term ‘You’ or ‘Your’ shall mean the subscriber Use of the term ‘Software’, shall mean software licensed by Appleby Retirement Consulting Inc to provide calculators, tutorials and other products and services that requires a software license to work Changes to Subscriber Agreement. We may change the terms of this Agreement at any time. You will be notified of any changes to this agreement electronically, at the e-mail address You have on record with us at the time the change goes into effect. This document will be updated to reflect any changes. You agree to be bound by such changes by using any of our subscription services Privacy and Your Account. Registration data and other information about You are subject to our Privacy Policy. If You access our Services by using a password, You are solely responsible for maintaining the confidentiality of that password. If You provide someone else with access to Your that person will have the same access as You do, including being able to change Your subscriptions and password and/or username. You agree to notify us promptly if You change Your email address so that We can continue to send any notices required hereunder. If You fail to notify us promptly of a change in Your E-Mail address, then any notice We send to Your old E-Mail shall be deemed sufficient notice. Fees and Payments. You agree to pay the subscription fees and any applicable taxes, as Well as any other charges incurred in connection with Your user name and password. We will bill all charges automatically to Your credit card at the beginning of Your subscription or any renewal period. Unless We state in writing otherwise, all fees and charges are nonrefundable. We reserve the right to change the fees and charges that are in effect at the time You subscribe. You will be provided with advance notification of any such changes. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service. Renewal. Your subscription will renew automatically, unless We terminate it or You notify us by telephone, mail, or e-mail of Your decision to terminate Your subscription. You are required to call us to confirm receipt of Your notice, unless We provide You with confirmation that We received Your notice. Confirmation is usually provided within 72 hours of us receiving Your notice. If You have an annual subscription, We will notify You of You renewal date at least 30 days in advance (of Your renewal date) unless otherwise required by law. You are required to cancel Your subscription before it renews in order to avoid billing of subscription fees for the renewal term to Your credit card. Termination: You may terminate Your subscription at any time by clicking on the “cancel subscriptions” icon, which is located in the area of the service/s or product/s for which You subscribed at http://www.applebyconsultinginc.com/subscription.htm. Upon termination, You will receive an automated confirmation via e-mail. You subscription will then be terminated within 24 hours. You are responsible for all charges incurred up to the time We receive Your request to unsubscribe. Exceptions for Various Types of Subscribers; Other Users. If Your access to a Service is provided by a Third Party, or if You have paid for access to one of our print publications, the "Fees and Payments" and/or "Renewal" terms may not apply to You. Instead, You are required to contact the Third Party. Please contact us if You are unsure of how to contact the third party. Limitations on Use. Only one individual may access any of our subscription Service at a time using the same user name or password, unless We agree otherwise. The content of this Website and our products and services are protected by copyright and other intellectual property laws. Unless You have our written consent, You may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, Your fellow employees. You agree not to use the Services for any illegal purposes. We reserve the right to terminate or restrict Your access to a Service if, in our opinion, Your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.. Software Licenses: You shall have no rights to any proprietary software and/or related documentation provided to You in order to access our products and services. You may not sublicense, assign or transfer any licenses granted by Appleby Retirement Consulting Inc or those who licenses their products/services/software to Appleby Retirement Consulting Inc, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not duplicate, modify, reverse engineer, create a derivative work based on, publish or otherwise use the Software except as expressly permitted by Appleby Retirement Consulting Inc.. In the event that You modify or create a derivative work based on the Software, either in violation of or in accordance with this Agreement, You hereby grant the owner a non-exclusive, nontransferable license to use any and all of the Software so modified and such derivative works. You assume sole responsibility for: (i) the selection of Software to achieve Your intended results, (ii) determining compatibility of the Software with Your internal operations, and (iii) the training of Your employees as to the use of and results produced by Software. Assumptions and Review of Calculations: You acknowledges that Software services to which You subscribe: (a) may contain various assumptions, and the reports and calculations generated by the Software are impacted significantly by such assumptions, (b) is not a replacement or substitute for competent legal, investment or tax advice, and (c) may need to be modified in the event Congress, the Internal Revenue Service or the Department of Labor provide formal guidance relating to retirement plans or taxation issues in the future. Additionally, You acknowledge that You are responsible for determining the appropriateness of using the Software for You customers and for identifying and providing the appropriate education and support to You employees and agents regarding the content and use of the Software.
Technical Support: You will be entitled to the following limited technical support relating to the Software or tutorials: (i) access to Appleby Retirement Consulting Inc’s telephone Helpdesk service, accessible by calling 973-313-9877, and (ii) responses via e-mail to email inquiries regarding the Software or tutorials. You must provide all requested facts and information to enable Appleby Retirement Consulting Inc to respond to questions. Your customers will not have direct access to technical support. The support will be limited to questions concerning the proper technical or systems use of the Software or tutorials, and will not include support technical questions on the technical rules governing retirement plans, including documentation or IRS provisions. THIS SUPPORT DOES NOT INCLUDE SYSTEMS SUPPORT OR SUPPORT FOR OTHER SOFTWARE APPLICATIONS USED WITH THE SOFTWARE. Technical Support will be available by telephone, voicemail and e-mail from 8:00 AM. to 5:00 PM Eastern Time, Monday through Friday, excluding holidays. Appleby Retirement Consulting Inc will have no obligation to provide technical support for portions of the Software that have been modified or changed by You.
Third Party Web Sites, Services and Software. We may link to, or promote Websites or services from other companies or offer You the ability to download software from other companies. You agree that We are not responsible for, and do not control, those Web sites, services and software. DISCLAIMERS OF WARRANTIES , LIMITATIONS ON LIABILITY & INDEMNIFICATION. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SOFTWARE SERVICES AND THE CONTENT AVAILABLE THROUGH OUR WEBSITE IS ON AN "AS-IS" AND , "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF APPROPRIATENESS, FITNESS OR APPLICABILITY FOR A PARTICULAR PURPOSE. WE WILL HAVE NO LIABILITY (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF OUR PRODUCT OR SERVICES, WHETHER IT BE FOR CONSEQUENTIAL INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, , OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST OF ANY PROFITS, LOST OF ANY SAVINGS AND ANY LOST REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, CONTRACT ,TORT, OR OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN CRITICAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN WE WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL APPLEBY RETIREMENT CONSULTING INC AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ALL DAMAGES PERMITTED UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE FEES THAT APPLEBY RETIREMENT CONSULTING INC RECEIVED UNDER THIS AGREEMENT DURING THE TWO MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH APPLEBY RETIREMENT CONSULTING INC RECEIVES WRITTEN NOTICE OF THE FIRST DAMAGES CLAIM. THIS LIMITATION ON PERMITTED DAMAGES WILL NOT APPLY TO DAMAGES CAUSED BY APPLEBY RETIREMENT CONSULTING INC GROSS NEGLIGENCE, RECKLESS DISREGARD OR WILLFUL MISCONDUCT.
Each party will indemnify and hold harmless the other party and each of the other party’s affiliates, directors, officers, employees, shareholders and agents against all losses, claims, damages, liabilities or expenses (including reasonable attorneys’ fees) to which an indemnitee may become subject insofar as they arise directly out of use of the Software or tutorials provided on the Website. The indemnitor will be entitled to assume the defense of the claim with counsel reasonably satisfactory to the indemnitee, and the indemnitee will have the right to participate, at its expense, in the defense or preparation of the defense of any such claim. In the event that the indemnitor does not elect to assume the defense of any such claim, the indemnitor will reimburse the indemnitee for the reasonable fees and expenses of one counsel reasonably satisfactory to the indemnitor. If the indemnitor assumes the defense of any such claim, the indemnitor will not, without the prior written consent of the indemnitee, settle or compromise the liability of the indemnitee in such claim, or permit a default or consent to the entry of any judgment in respect thereof, unless in connection with such settlement, compromise or consent the indemnitee receives from such claimant an unconditional release from all liability in respect of such claim. Despite any contrary provision of this Agreement (including the foregoing provisions of this Agreement, Appleby Retirement Consulting Inc shall not have any liability to You, and You shall indemnify Appleby Retirement Consulting Inc, to the extent that any claim is based upon (i) use of the Software in conjunction with any data, equipment or software not provided by Appleby Retirement Consulting Inc, where the Software alone would not be infringing or otherwise be the subject of the claim, (ii) any modification to the Software not made by or at the direction of Appleby Retirement Consulting Inc, (iii) use of the Software in any unlawful manner or in any manner not authorized under this Agreement, (iv) any claim of infringement or violation of any patent, copyright, trademark or trade secret in which You or any affiliate of You has a pecuniary or other material interest,(d) The indemnification remedies set forth in this Agreement shall constitute the exclusive remedies of You and the sole liability of Appleby Retirement Consulting Inc with respect to claims of intellectual property infringement or violation. Representations and Warranties: Appleby Retirement Consulting Inc (a) represents and warrants that it is the owner or authorized licensee of all Software and has full authority to enter into this Agreement and that THE WARRANTIES IN SECTION 6(a) ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY APPLEBY RETIREMENT CONSULTING INC. APPLEBY RETIREMENT CONSULTING INC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE to enter into this Agreement..
Additional Terms and Notices.
General. This Agreement contains the final and entire agreement between us regarding Your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding Your use of the Services. We reserve the right to discontinue or change the Services, or their availability to You, at any time. You may not assign Your rights or obligations under this Agreement to a third party. You agree that this Agreement, as Well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. No Fiduciary. Nothing in this Agreement will be construed as creating the status of Appleby Retirement Consulting Inc as a fiduciary with respect to the plans established by You or Your customers. Appleby Retirement Consulting Inc will not be deemed to be providing legal, investment, or tax advice to You or Your customers pursuant to this Agreement
GENERAL DISCLAIMER AND TERMS OF USE Any information on this website is subject to change without notice. Any information provided in any area of this website cannot be construed as tax advice, legal advice, financial planning advice, investment advice, or estate planning advice or services, and is not intended to be used by any party for the purpose of avoiding penalties or taxes that may be imposed by the IRS or any other regulatory body, and cannot be used for such purposes. Individuals, businesses or any other parties must consult with their financial professional, tax professional or legal professional for advice related to their specific needs. Appleby Retirement Consulting Inc ( Appleby Consulting) may provide opinions on retirement plans suitability, such as which type of IRA is suitable for a specific client, or which type of retirement plan is suitable for a particular small business, which distribution option is more beneficial or beneficiary designations. However, such opinions cannot take the place of tax or legal advice. Appleby Consulting does not offer investment advice. Individuals much consult with their investment professional for investment advice about their individual circumstances , matters or issued. Warranties There are no warranties, expressed or implied, as to the accuracy, suitability completeness or results obtained from any information contained within this Appleby Consulting website. Appleby Consulting cannot and does not guarantee or warrant that any files that you may download are free from virus. Users must employ or implement their own protective devices on their computers and other electronic devices to protect same against viruses or other destructive properties that may be transmitted by downloading files. Errors Omissions and Limitation of Liability While we make reasonable effort to ensure that the material is free of errors and typographical error, such may occur. As such, we appreciate receiving feedback on any errors or any suggestions for improvement on the content or the website in general. Use of Fictitious Persons Any reference to any individual, company or any other party in any examples used on this website is not related to any real person, and is fictitious unless otherwise noted. Links We may link to other websites. However, Appleby Consulting does not endorse, vouch for the accuracy of content, or recommend any website to which we provide a URL, hyperlink or any other means of providing a link from our website to the other website. Reference Material All reference material, including tutorials, articles, case studies and overviews are high level description of the retirement plan or subject matter addressed in the material. The actual administration of retirement plans and retirement planning involves much more than what is covered in these materials, and the topics covered are usually subject to much more detailed requirements for each individual, than that which is explained in this website. For a detailed description of any particular feature, benefit, rules or regulation, a business owner or individual taxpayer should consult with an ERISA attorney or other tax professional. Advertisers Not endorsed Appleby Consulting makes reasonable efforts to ensure that advertisers on our site are reputable. However, we cannot vouch for any such advertisers. As such, an advertisement on our website is not an indication that we endorse the advertiser. Individuals should consult their own research to determine whether a participate company suits their needs, wants, goals and objectives. Not Responsible for Damages/Losses Appleby Consulting will not be held liable for any losses or damages incurred by individuals who use our services. Individuals must consult with their tax and/or legal professional regarding any financial decision regarding a choice of retirement plan or planning menthols Copyright Materials available on Appleby Consulting are protected by the copyright laws of the United States and where applicable, other countries, unless explicitly stated otherwise and may not be copied, reproduced, transmitted, displayed, performed, rented, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of Appleby Consulting, except to the extent that such use constitutes "fair use" of the Content under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and except for one temporary copy in a single computer's memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only. When you access ApplebyConsultinginc.com, you agree to the following terms of use:
Linking to Appleby Consulting ALL CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. APPLEBY CONSULTING MAKES NO REPRESENTATION AS TO THE SUITABILITY OF ANY PRODUCT OR SERVICES DESCRIBED HEREIN. APPLEBY CONSULTING DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO A USER . THIS INCLUDES ANY WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, TIMELINESS AND FITNESS FOR A PARTICULAR PURPOSE. APPLEBY CONSULTING SHALL NOT BE LIABLE IN ANY WAY (WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, TORT, OR OTHERWISE) TO A USER OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, BUSINESS INTERRUPTION, ERRORS OR OMISSIONS FOR ANY ACTIONS TAKEN OR FOR ANY DAMAGES, ,UNLESS DUE TO WILLFUL INJURIOUS MISCONDUCT OR GROSS NEGLIGENCE BY REASON OF NONPERFORMANCE, OMISSION, INTERRUPTION, OR TERMINATION, OF THE CONTENT OR THE WEBSITE OR SERVICE BY WHICH THEY ARE PROVIDED FOR ANY CAUSE WHATSOEVER. UNDER NO CIRCUMSTANCES WILL APPLEBY CONSULTING BE LIABLE FOR ANY, CONSEQUENTIAL , PUNITIVE, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES.
Additional Laws Some State laws or the laws of some foreign countries may result in modification of the terms and conditions as indicated above. In such cases, the laws of the United States will determine whether such laws supersede these terms and conditions. Consent Any individual that uses this website agrees to the terms of use and disclaimer, by virtue of using the website.. Any changes to our terms of use and disclaimer will be posted here.
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