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

GENERAL TERMS AND CONDITIONS

ALL INFORMATION AND CONTENT ON THE DEFERRAL.COM WEB SITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROTECTD BY COPYRIGHT AND OTHER LAW.

Deferral.com, Inc. and its affiliates ("Deferral.com") provide the materials contained at our site(s) on the World Wide Web (the "Site") as a service to our customers and visitors.† The information contained on this Site 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.

Deferral.com requires that all visitors to the Site adhere to the following Terms and Conditions. By accessing the Site or any of its pages, you indicate your acknowledgement and acceptance of these Terms and Conditions without limitation or qualification. 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 Site. You should therefore visit this posting to review these Terms and Conditions from time to time as you visit the Site.

LAWS AND REGULATIONS

User access to and use of the Site 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 Site, including without limitation text and other information and images herein, 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 design or logos.

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

INFORMATION ON THE SITE IS 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 contained at the Site 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 Site, 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 Site, and expressly disclaims any responsibility to update the information contained at the Site.

IN NO EVENT SHALL DEFERRAL.COM BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY 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, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE).

LINKS TO OTHER INTERNET WEB SITES

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 Web site, 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 content of any such documents (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 Site, 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 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 TO INVESTORS

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 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 Site. 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 SERVICES AND INFORMATION PROVIDED AT THE SITE.

USERS SUBJECT TO THESE TERMS AND CONDITIONS

In these Terms and Conditions the words "you" and "your" mean every person with an interest in an account that is accessible by means of the Site, or that sponsors or administers any plan accessible or information for which is maintained on or by means of the Site, and any person who is authorized for such access. The words "Deferral.com", "we", "us", and "our" mean Deferral.com, Inc. and its affiliates, including without limitation American Financial Systems, Inc. and AFS Technologies, Inc.

ACCEPTING THE TERMS AND CONDITIONS

You understand that, by using any of the information or services provided on this Site, you indicate your acknowledgement and acceptance of the Terms and Conditions set forth below without limitation or qualification and you agree to all terms and conditions herein. 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. You agree to use this service solely as provided in these Terms and Conditions. If you do not accept the Terms and Conditions in relation to any service, you must discontinue use.

SCOPE OF THE TERMS AND CONDITIONS

These Terms and Conditions cover all services available on this Site now or in the future. These Terms and Conditions are a supplement to any other agreement you have with us. All transactions or communications initiated by you will not be recognized until actually received by us.

SECURITY

You are responsible for protecting the security of any access security device, including your user name and password. You agree to keep all access security devices and means to attain an access security device confidential to prevent unauthorized access to your account and to prevent unauthorized use of the service, and you specifically agree that you will not disclose your user name or password to any third party. In the event you believe the security of your access security device is compromised, you must change the components of the device. It is your obligation to inform us if you believe unauthorized use has occurred. We can cancel your access to this service at our discretion and without prior notification.

PERFORMANCE OF THE SERVICE

IN NO EVENT WILL WE, ANY OF OUR AFFILIATES OR ANY OF OUR OR OUR AFFILIATES' OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR THE SERVICE, OR FOR ANY LOSS OF ANY DATA, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

PRIVACY

The Deferral.com Privacy Statement, which is available for viewing on the Site, are included by reference into these Terms and Conditions and are applicable to you as a user of this Site.†

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.

MISCELLANEOUS

These Terms and Conditions shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by Deferral.com or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. 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 conflicts of law 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 Site 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.comís 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.

TERMS AND CONDITIONS OF USE OF INTERACTIVE DATA REAL-TIME SERVICES

Interactive Data Real-Time Services, Inc. Terms of Use All information provided by Interactive Data Real-Time Services, Inc. (“Interactive Data Real-Time Services”) and its affiliates (the “Interactive Data Real-Time Services Information”) is owned by or licensed to Interactive Data Real-Time Services and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the Interactive Data Real-Time Services Information only for such user’s personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Interactive Data Real-Time Services Information in any format to anyone, and no user shall use any Interactive Data Real-Time Services Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. Prior to the execution of a security trade based upon the Interactive Data Real-Time Services Information, you are advised to consult with your broker or other financial representative to verify pricing information. THE INTERACTIVE DATA REAL-TIME SERVICES INFORMATION IS PROVIDED TO THE USERS “AS IS.” NEITHER INTERACTIVE DATA REAL-TIME SERVICES NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND REGARDING THE INTERACTIVE DATA REAL-TIME SERVICES INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER INTERACTIVE DATA REAL-TIME SERVICES NOR ITS AFFILIATES WILL BE LIABLE TO ANY USER OR ANYONE ELSE FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE INTERACTIVE DATA REAL-TIME SERVICES INFORMATION OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY) RESULTING THEREFROM.

Interactive Data Real-Time Services, Inc. Terms of Use All information provided by Interactive Data Real-Time Services, Inc. (“Interactive Data Real-Time Services”) and its affiliates (the “Interactive Data Real-Time Services Information”) is owned by or licensed to Interactive Data Real-Time Services and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the Interactive Data Real-Time Services Information only for such user’s personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Interactive Data Real-Time Services Information in any format to anyone, and no user shall use any Interactive Data Real-Time Services Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. Prior to the execution of a security trade based upon the Interactive Data Real-Time Services Information, you are advised to consult with your broker or other financial representative to verify pricing information. THE Interactive Data Real-Time Services INFORMATION IS PROVIDED TO THE USERS “AS IS.” NEITHER Interactive Data Real-Time Services NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND REGARDING THE Interactive Data Real-Time Services INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER Interactive Data Real-Time Services NOR ITS AFFILIATES WILL BE LIABLE TO ANY USER OR ANYONE ELSE FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE Interactive Data Real-Time Services INFORMATION OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY) RESULTING THEREFROM.

 

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