Legal - Terms and Conditions

The following Terms and Conditions describe your responsibilities as a user of Deferral.com

General Terms and Conditions

ALL INFORMATION AND CONTENT ON OUR WEBSITES ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROTECTED BY COPYRIGHT AND OTHER APPLICABLE LAWS.

American Financial Systems, Inc. (d.b.a. Deferral.com) and its affiliates (collectively, “Deferral.com”) provide the materials contained in our website(s) (collectively, the "Website") as a service to our customers and visitors.  The information contained on the Website is general in nature and should not be considered legal or tax advice.  This information is provided for general educational purposes.  The facts of your particular situation and developments in applicable laws, rules and regulations or the interpretation thereof, may affect the information as it pertains to you.  You should consult with your attorney or tax advisor regarding your specific legal or tax situation.

Users Subject to These Terms and Conditions

In these Terms and Conditions, the words "you" and "your" mean everyone who accesses the Website or who has an account that is accessible by means of the Website, or sponsors or administrators of any plan with access to information that is maintained on or by means of the Website, and any person who is authorized for such access. The words "Deferral.com", "we", "us", and "our" mean American Financial Systems, Inc. (d.b.a. Deferral.com), and its affiliates, including without limitation any entities who are members of the AFS companies group.

Accepting Terms and Conditions

Deferral.com requires that all visitors to the Website adhere to these Terms and Conditions including the Privacy Statement that is incorporated by reference herein. By accessing the Website or any of its pages you indicate your acknowledgement and acceptance of these Terms and Conditions without limitation or qualification. If a new service is added, your use of that service constitutes your acceptance of the Terms and Conditions in effect at the time of the use. Deferral.com may revise these Terms and Conditions at any time by updating this posting, which revisions will be binding upon all visitors to the Website. You should therefore visit this posting to review these Terms and Conditions from time to time as you visit the Website. If you do not accept the Terms and Conditions you must discontinue use of the Website.

Laws and Regulations

User access to and use of the Website is subject to all applicable federal, state and local laws and regulations.  Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. Massachusetts law and federal law will govern the interpretation and enforcement of these Terms and Conditions.

Copyright and Trademark Information

The contents of the Deferral.com Website, including without limitation, text and other information and images, and the arrangement thereof, are protected by applicable copyright laws. No permission is granted to copy, distribute, modify, post or frame any text, graphics, video, audio, software code, or user interface, processes, design or logos.

Deferral.com and its logo are trademarks of Deferral.com. All other trademarks are the property of Deferral.com unless otherwise designated or clearly implied herein as belonging to third parties. Nothing contained at the Website shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated below) or proprietary rights of Deferral.com or of any third party.

You are authorized by Deferral.com to copy, transmit or display any information registered or owned by Deferral.com on any page of the Website solely, in the case of plan participants and other individuals, for your personal, non-commercial use, and for plan sponsors and administrators, solely for your use in connection with your administration of nonqualified deferred compensation plans under the supervision of your attorneys and tax advisers, provided that any such copy, transmission or display includes any copyright, trademark or service mark attribution as it appears on such page.

The information and materials contained at the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without Deferral.com's prior written consent.

The Website, including this page, may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at the Website are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.

Limitation of Liabilities and Warranties

The Website, the services provided through the Website, and the information on the Website are provided "as is" without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

The information on the Website may include technical inaccuracies or typographical errors. Deferral.com from time to time amends, changes, adds, deletes, updates or alters the information contained at this Website, without notice. Deferral.com assumes no liability for any errors or omissions in the information contained at or any services or functions performed or supplied by or by means of the Website, and expressly disclaims any responsibility to update the information contained at the Website.

IN NO EVENT SHALL DEFERRAL.COM BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, OUR SERVICES, THE WEBSITE AND THE INFORMATION CONTAINED AT THE WEBSITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE).

We do not promise that your use of the website will be uninterrupted, error-free or completely secure, and you acknowledge that there are risks inherent in internet connectivity that could result in the loss of your privacy and confidential information.

Links to Other Internet Websites

Although Deferral.com may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by Deferral.com with respect to such website, its owners or its providers. Deferral.com is providing these links only as a convenience to you, and makes no representation or warranty with respect thereto or the reliability thereof.  It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Feedback

Any comments or materials sent to Deferral.com, including feedback data, such as questions, comments, suggestions or the like regarding the Website or Deferral.com services (collectively "Feedback"), shall be deemed to be the property of Deferral.com. Deferral.com's use of the Feedback will be in compliance with the Deferral.com Privacy Statement, which is set forth on the Website, and applicable laws. Deferral.com shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Deferral.com shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services incorporating such Feedback. Application information submitted to Deferral.com shall be treated confidentially to the extent required by applicable law or as disclosed in the application.

Notice Regarding Investment Information

DEFERRAL.COM DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR THE COMPLETENESS OF INFORMATION PROVIDED HEREIN WITH RESPECT TO ANY ENTITY OR INVESTMENT-RELATED INFORMATION THAT MAY BE AVAILABLE BY HYPERLINK OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL DEFERRAL.COM BE LIABLE FOR ANY LOSS OR DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY RELIANCE ON THIS INFORMATION OR FOR THE RISKS OF ANY SECURITIES MARKET.

Violations of Terms and Conditions

Deferral.com reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Website. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DEFERRAL.COM FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR THE SERVICES AND INFORMATION PROVIDED AT THE WEBSITE.

Scope of Terms and Conditions

These Terms and Conditions cover all services available on this Website now or in the future. These Terms and Conditions are a supplement to any other agreement you have with us, and any conditions established in specific client agreement will supersede any general terms. All transactions or communications initiated by you will not be recognized until actually received and acknowledged by us.

Security

You are responsible for protecting the security of any accessing device, including your user name and password. You agree to keep all accessing devices and means to attain access to the Website, secure and confidential to prevent unauthorized access to your account and to prevent unauthorized use of our services, and you specifically agree that you will not disclose your user name or password to any third party, nor will you allow others to use the Website without consent.

In the event you believe the security of your access security device is compromised, you must disable and/or change the components of the accessing device. It is your obligation to inform us if you believe unauthorized use has occurred. We can cancel your access to our services at our discretion and without prior notification in the event we believe there has been a security breach.

Privacy Statement

The Deferral.com Privacy Statement, which is available for viewing on the Website, is provided separately and is also applicable to you as a user of this Website.

Amendments

We may amend or change any part of these Terms and Conditions without notice by updating this posting. Your continued use of Deferral.com shall indicate your assent to all amendments and changes made to these Terms and Conditions, which shall be binding upon all Deferral.com users.

Procedure for Making Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act (17 USC § 512), we are registered with the US Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to our Designated Agent. The Designated Agent is David J. Thibodeau, Jr. . Notification should be mailed to Hamilton Brook Smith & Reynolds PC, P.O. Box 9133, 530 Virginia Road, Concord, MA 01742-9133 or sent via e-mail to david.thibodeau@hbsr.com.

Miscellaneous

These Terms and Conditions shall constitute the complete and exclusive agreement between us regarding your use of the Website or any services we offer through the Website, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by Deferral.com or not. Deferral.com may provide software products or services under the terms of a separate agreement between you and Deferral.com (each, an “Other Agreement”). Deferral.com’s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms and Conditions shall not be deemed or construed to alter the terms of such Other Agreement. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

These Terms and Conditions shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law or conflicts of laws provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts. Any and all unresolved disputes relating in any way to, or arising out of, the Website or any use thereof shall be submitted to arbitration in the Commonwealth of Massachusetts; except that, to the extent that you have breached or have indicated your intention to breach these Terms and Conditions in any manner which violates or may violate the intellectual property rights of Deferral.com or any third party, or may cause continuing or irreparable harm to Deferral.com or any such third party (including, but not limited to, any breach that may impact Deferral.com’s intellectual property rights, or a breach by reverse engineering), Deferral.com may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

Any arbitration of a dispute under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. These Terms and Conditions will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.