Please read the following Terms of Service (“Terms”) carefully before using the Edusave Advisors, LLC (“Edusave”, “we”, “our”, or “us”) website, platform, or mobile application, and the services offered thereon (collectively, the “Website”).
THESE TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE WEBSITE, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH EDUSAVE REGARDING YOUR USE OF THE WEBSITE AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
1. Use of the Website
Edusave grants you a non-exclusive, personal, non-transferrable, limited license to use and access the Website in accordance with these Terms. You are prohibited from using the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (vi) to attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass or harm another individual; (ix) to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (x) to use any portion of the Website in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; or (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software that enables or underlies the Website, except as may be permitted by applicable law. Edusave reserves the right to terminate your use of the Website for violating any of the prohibited uses.
2. No Warranties
The Website is provided to you as a convenience and for your information only. Your use of the Website is at your own risk. Edusave does not warrant or represent that: (i) any materials, documents, recommendations, images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Website Content”) is accurate or complete; (ii) the Website Content is up-to-date or current; (iii) Edusave has any obligation to update any Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Website is accurate or complete.
3. Financial Disclaimers
The Website Content is for informational purposes only and should not be construed as legal, tax, investment, financial, or other advice. Nothing contained on the Website constitutes a solicitation, recommendation, enforcement, or offer by Edusave to buy or sell any securities or other financial instruments. Website Content is current only of the date specified and does not constitute a comprehensive or complete statement of matters discussed or the law relating thereto. Recommendations presented on the Website are based on several factors, such as: (i)annual expense ratio (plan price), (ii) historical performance, (iii) any available tax benefits for contributions, (iv) risk tolerance, (v) growth rate, and (vi) information from third-party sources. All recommendations are general in nature and do not address the circumstances of any particular individual or entity and Edusave does not claim or represent that any particular recommendation or other Website Content is suitable for you. You may disregard Edusave recommendations and other Website Content at your own risk.
Website Content may include forward-looking statements, including those that express a belief, expectation or intention. These forward-looking statements may include projections and estimates concerning the timing, growth, and success of strategies, plans, or intentions. Such statements are based on current expectations and assumptions of future events. However, these expectations and assumptions are inherently subject to business, economic, regulatory, and other risks that are beyond the control of Edusave. Edusave disclaims any responsibility for the accuracy of these assumptions and expectations expressed in forward-looking statements. Edusave undertakes no obligation to update any forward-looking statements to conform to actual results or changes in our expectations, unless required by applicable law. You agree and assume all responsibility for any reliance on forward-looking statements, recommendations, and Website Content on the Website.
4. Edusave Fees
You will be required to pay all fees, charges, and taxes (collectively, “Fees”) applicable to your account, such as advisory fees, transaction fees, service fees, and set up fees. Applicable Fees will be presented to you during the enrollment process. All Fees are subject to change, at any time, with thirty (30) calendar days’ notice to you.
When you make a payment or link an account for contributions or withdrawals (“Payment Method”), you agree to provide accurate and complete information so that Edusave can complete the request. You hereby represent that: (i) you are authorized to use the provided Payment Method; (ii) any Payment Method is true and accurate; and (iii) you authorize Edusave to charge you using the selected Payment Method. Edusave will facilitate all contributions to and withdrawals from the record-keeping provider for state-sponsored 529 Plans.
In the event of a cancellation, no refund will be given for Fees already paid to Edusave. You are free to cancel at any time. To avoid additional charges, you must cancel within thirty (30) calendar days of your next billing cycle. Upon cancellation, you will retain access through the prior period covered by your last payment.
7. Enrollment Obligation
You will be required to create an account with Edusave in order to access and use certain features of the Website (an “Edusave Account”). If you choose to create an Edusave Account, you agree, represent, and warrant that all Edusave Account information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when creating an Edusave Account. If any of your information changes, you must promptly update it. We shall have no liability associated with or arising from your failure to maintain accurate, complete or up-to-date information within your Edusave Account. We are not responsible for verifying your Edusave Account information.
8. Edusave Account Security
You are solely responsible for maintaining the confidentiality of your Edusave Account and associated password. You agree not to give or make available your password or other credentials that you use in connection with the Website to any unauthorized individual(s), and you agree to be responsible for all actions taken by anyone under your Edusave Account. If you believe your password or credentials have been lost or stolen or that someone may attempt to use them, you must notify us immediately by using the contact information set forth at the end of these Terms. We reserve the right, under certain circumstances, to deny you access to the Website. For example, we may do so if we reasonably believe your password or other credentials have been or may be used by an unauthorized person(s).
9. Modifications to the Website
Edusave reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Edusave will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Website.
10. User-Provided Website Content
The Website permits the submission of content, including, feedback, questions, comments, and suggestions (“User Website Content”). You hereby grant (and you represent and warrant that you have the right to grant) to Edusave an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Website Content. You assume all risks associated with your User Website Content and shall be solely responsible for the User Website Content and the consequences of submitting it. Edusave cannot guarantee any confidentiality with respect to any User Website Content.
11. No Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND/OR WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
WE MAKE NO WARRANTY THAT WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR WEBSITE CONTENT, IS OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EDUSAVE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR RELIANCE ON THE WEBSITE, WEBSITE CONTENT, OR USER WEBSITE CONTENT, OR YOUR USE OR INABILITY TO USE THE WEBSITE, WEBSITE CONTENT, AND/OR USER WEBSITE CONTENT HOWEVER CAUSED AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY. EDUSAVE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USETHE WEBSITE OR WEBSITE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS, FOR INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE WEBSITE; DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE WEBSITE OR WEBSITE CONTENT; OR LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE.
REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Edusave and our employees, service providers, clients, officers, affiliates, subsidiaries, parents, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your use of the Website, Website Content, or User Website Content; (ii) your failure to comply with these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third-parties; (iv) any dispute between you and a third-party; and (v) your willful misconduct.
14. Intellectual Property
The Website and Website Content are owned and controlled by Edusave. We expressly reserve all of our intellectual property rights in and to the Website and Website Content. No portion of the Website or Website Content may be reproduced in any form or by any means, except as provided elsewhere in these Terms. We are the owner of, or are otherwise permitted to the use, all trademarks, service marks, and logos used and displayed on the Website. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Edusave’ trademarks, service marks, or copyrights without our prior written permission. You may copy or print a single copy of any page from one of our Website for non-commercial purposes if you do not remove, modify or alter any copyright or proprietary rights notices that may be present. You may not otherwise: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of our Website; or (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website or Website Content, except as expressly permitted by Edusave.
15. Errors, Inaccuracies, and Omissions
Occasionally Website Content may contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify Website Content except as required by law.
16. Governing Law
These Terms and all matters arising out of or relating to the Website, Website Content, or User Content shall be governed by the laws of the United States and the Commonwealth of Pennsylvania, without giving effect to the conflict of law provisions thereof. All proceedings that may arise out of or in connection with the Website, Website Content, or User Website Content shall be brought solely in the appropriate state or federal courts in the Commonwealth of Pennsylvania and in accordance with Section 17.
17. Dispute Resolution
IN THE EVENT THE PARTIES ARE NOT ABLE TO RESOLVE ANY DISPUTE BETWEEN THEM ARISING OUT OF OUR CONCERNING THESE TERMS, THEN ANY SUCH DISPUTE, CLAIM, CONTROVERSY, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THE WEBSITE, WEBSITE CONTENT, USER CONTENT, OR THESE TERMS (COLLECTIVELY, A “DISPUTE”) WILL BE DETERMINED BY FINAL AND BINDING ARBITRATION THROUGH THE FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA).
18. Termination of Service
We may suspend or terminate your right to access the Website, at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Edusave, to the business of our Internet service provider, or as we otherwise deem appropriate, in our sole discretion.
19. Age Restrictions
You affirm that you are at least eighteen (18) years of age, or an emancipated minor, and are fully able and competent to enter into these Terms, and abide by and comply with these Terms.
21. Electronic Communications
By using the Website, you consent to receive electronic communications from Edusave unless you follow applicable opt-out procedures. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
22. Third-Party Links
The Website may include links and Website Content provided by third-parties (“Third-Party Website Content”). Third-Party Website Content is provided for your convenience and information only. Third-Party Website Content is not under our control and Edusave is not responsible for the content of any Third-Party Website Content. The inclusion of Third-Party Website Content does not imply endorsement, affiliation, partnership, or sponsorship by Edusave. Use of any Third-Party Website Content is at your own risk.
23. Local Laws
Edusave makes no representation that the Website or Website Content are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
24. Export Restrictions
The Website or Website Content may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Website or Website Content, or any products utilizing such data, in violation of the United States export laws or regulations.
25. Changes To These Terms
Edusave may revise these Terms, the Website, the Website Content, or stop providing the Website and/or Website Content at any time and without notice to you. We encourage you to review these Terms frequently, the date of the most recent revision to these Terms appears at the end of these Terms. Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
If you have any questions about these Terms, please contact us at: email@example.com
Effective as of December 15, 2020