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Legal Notes for this 401k Easy Online website |
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[topic 1] General Comments... While Easytec Systems, Inc. offers 401k Easy Online clients information to help them make informed decisions about the variable aspects of their 401k plans, Easytec Systems, Inc. is not a financial advisor and should not be considered as such. Companies are strongly advised to consult with a professional tax and/or investment advisor before establishing a company 401k -- or any other retirement savings plan, for that matter. All of the information in this website is for informational purposes only. All viewers agree to these provisions in viewing any of the information in this website. [topic 2] Regarding Trademarks, Patents, and Copyright... The 401k Easy Online software is both patented and patent pending in the United States and Canada. Easytec Systems, 401(k) Pro, 401k Easy Online, and 401(k) Easy Pro, Advisors 401(k), Run-It-Yourself, Payroll IRA Easy, 401(k) E Z, Pension Motor Corporation, Quik-Tab 401(k), Pension Service Associates, 403(b) Easy, and Pentec, Inc. are Registered Trademarks. The Software, Publications and Support are provided by Easytec Systems for Licensee's exclusive use pursuant to the terms of terms in the Easytec Systems End-User License Agreement. Easytec Systems claims copyright and trademark protection for all Software and copyright for all Publications and Videos. |
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Should the End-User License Agreement be terminated for any reason, the right of Licensee to use Easytec Systems-supplied Software, Publications and Support shall be revoked. Unauthorized use of Software and/or Publications constitutes copyright infringement, subjecting violator(s) to both civil and criminal penalties under federal law. This website and all Easytec Systems, Inc. software, publications and videos are protected by claim of copyright.
[topic 3] Regarding Warranties... All material is provided "as is"" without any expressed or implied warranty of any kind, including warranties of merchantability, non infringement, of intellectual property or fitness for a particular purpose. The 60-day money-back guarantee on the 401k Easy Online system does not apply to one-time setup costs. In no event shall Easytec Systems, Inc. or its affiliated companies be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption and/or loss of information) arising out of the use of or inability to use the materials, even if Easytec Systems, Inc. has been advised of the possibility of such damages; because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages; such a limitation may not apply to you.
Easytec Systems has no duty to perform any action other than those specified in Easytec Systems End-User License Agreement. Easytec Systems has no duty to determine or advise Licensee of the investment, tax or other consequences resulting from Licensee's own actions or inactions involving Licensee's company's qualified plan(s). Easytec Systems is not responsible or liable for the investment, tax or other consequences resulting from any of Licensee actions, or from Easytec Systems's actions in following any of Licensee's directions or from Easytec Systems's inaction in the absence of any directions from Licensee. |
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[topic 7] Regarding Mutual Funds, Self-directed Brokerage Accounts, Investing, and NASD License Information... Easytec Systems, Inc. does not endorse any mutual fund company, nor does mention of any mutual fund company name imply that company's endorsement of Easytec Systems, Inc. or 401(k) Easy (TM). Some mutual fund companies listed in this website may not accept 401(k) purchases from the 401k Easy Online system. Easytec Systems, Inc. does not recommend any investment advisory service or product, nor does it offer any advise regarding the nature, potential value or suitability of any particular security transaction or investment strategy. Mutual fund companies open and close portfolios all the time, often without warning. While we do our best to keep our fund family listings up to date, we cannot guarantee that any listing is totally current. Material presented in this website is for information purposes only; it does not imply an endorsement of any investments mentioned nor of any particular investment mix. No offer of solicitation to buy or sell any of the securities listed in this website is being made by Easytec Systems, Inc., and there is no guarantee, either stated or implied, that any investments listed will perform as successfully in future years as they may have in past years. Neither Easytec Systems, Inc. nor any of the information contained in this website is intending to supply investment, tax, or legal advice. Investing always involves a degree of risk. The wise investor assesses the risk-reward relationship before investing or allocating funds, an assessment that involves reviewing fund prospectuses. It is strongly recommended that investors read the mutual fund prospectuses for relevant investments before making any investment selections. Prospectuses are available from Pension Service Associates Securities Corporation (818-501-4015), any other N.A.S.D. Broker-Dealer, or from the mutual fund companies themselves; mutual fund company telephone numbers are provided with their investment listings. As stated above, investing always involves a degree of risk. You agree in viewing this website or any of its information to defend, indemnify and hold harmless Easytec Systems, Inc., Pension Service Associates Securities, their information providers and information transmitter from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney's fees) arising from your violation of the below End-User License Agreement or of any third-party's rights, including but not limited to infringement of any privacy rights. An N.A.S.D. Broker-Dealer, Registered Investment Advisor, BD agent or IA rep may only transact business in a particular state after licensure or satisfying qualifications requirements of that state, or only if they are excluded or exempted from the state's broker-dealer, investment advisor, BD agent or IA rep requirements, as the case may be. Some states allow NASD-Registered Broker-Dealers to perform a limited number of transactions without state registration. Follow-up, individualized responses to consumers in a particular state by a broker-dealer, investment advisor, BD agent or IA rep that involve either the effecting or attempting to effect transactions in securities or the rendering of personalized investment advice for compensation, as the case may be, shall not be made without first complying with the state's broker-dealer, investment advisor, BD agent or IA rep requirements, or pursuant to an applicable state exemption or exclusion. If an investment advisor is registered with the SEC, states may not require registration, licensing, or qualification of the investment advisor or his or her supervised persons, except that states may license, register or otherwise qualify IA reps who have a place of business located within the state. If an investment advisor does not qualify for SEC registration, in most states his or her actions are governed by state laws. State registration authority is limited, however, by a national de minimis standard that prohibits the laws of any state requiring registration, licensing or qualification as an investment advisor if the advisor does not have a place of business located in the state and during the prior 12 months had five or fewer clients residing in the state. Federal and state securities laws are designed to ensure that, prior to any direct communication between a broker-dealer or investment advisor and a prospective client residing in a particular state, the broker-dealer or investment advisor must first be registered in the state, or must qualify for an exemption from such requirement. Internet communications of regulated investments must contain a mechanism, including and without limitation, technical "firewalls" or other implemented policies and procedures, designed reasonably to ensure that prior to any subsequent, direct communication with prospective customers or clients in any state, said broker-dealer, investment adviser, BD agent or IA rep is first registered in the state or qualifies for an exemption or exclusion from such requirement. Nothing in this paragraph shall be construed to relieve a state registered broker-dealer, investment advisor, BD agent or IA rep from any applicable securities registration requirement in any state; Internet communications cannot involve either effecting or attempting to effect transactions in securities, or the rendering of personalized investment advice for compensation, as may be, in any state over the Internet, but is limited to the dissemination of general information on products and services. For information concerning the licensure status or disciplinary history of a broker-dealer, investment advisor, BD agent or IA rep, a consumer should contact his or her state securities law administrator or the N.A.S.D. at 800-289-9999 or through www.nasd.com (click on Investor Services, then About Your Broker, then The NASD Public Disclosure Program). |
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[topic 8] General Information... Matters Outside the Responsibility of Easytec Systems Patent & Trademark Protection Copyright Protection & Limitation of Use Regional Prototype Plan & Adoption Agreement 1. Licensee cannot make any modifications or changes to the text of the Regional Prototype Plan or the Adoption Agreement. 2. Licensee must notify Easytec Systems in writing of any changes to the options selected in the Adoption Agreement. 3. If Easytec Systems terminates the Easytec Systems End-User License Agreement or Licensee fails to renew license for Software, Publications and Support, Licensee's plan will be treated as an individually designed plan if the Licensee is continuing to maintain it and has not replaced it with another Regional Prototype Plan. Trade Secret Protection & Limitation of Use (a) information and materials relating to Easytec Systems's accounting, allocating and processing (b) marketing, cost, pricing information and customer lists. Employer shall make use of Easytec Systems's trade secrets only for the purposes specified and described in the Easytec Systems End-User License Agreement. In consideration of Easytec Systems's disclosure of its trade secrets to Licensee, Licensee agrees to treat Easytec Systems's trade secrets with the same degree of care and safeguards taken with his or her own trade secrets, but in no event less than a reasonable degree of care. Licensee agrees that without Easytec Systems's prior written consent, Licensee will not: (a) disclose Easytec Systems's trade secrets to any third party, (b) make or permit to be made copies or other reproductions of Easytec Systems trade secrets, or (c) make any commercial use of Easytec Systems trade secrets. Licensee will not disclose Easytec Systems's trade secrets to employees, agents or consultants unless they have the need to know the information in connection with their employment or consultant duties and they personally agree in writing to be bound by the terms of the Easytec Systems End-User License Agreement. Injunction Relief: Licensee acknowledges that the Software contains proprietary trade secrets of Easytec Systems and hereby agrees to maintain the confidentiality of the Software using at least as great a degree of care as Licensee uses to maintain the confidentiality of Licensee's own most confidential information. Licensee acknowledges that the disclosure of any aspect of the Software, of any other confidential information referred to herein, or of any information which, at law or in equity ought to remain confidential, will immediately give rise to continuing irreparable injury to Easytec Systems inadequately compensable in damages at law. Accordingly, Easytec Systems may immediately terminate the Easytec Systems End-User License Agreement, including all license rights granted therein, in the event Licensee breaches any of its material confidentiality obligations regarding the Software, Publications and Support. In addition, Easytec Systems is entitled to obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing undertakings, in addition to any other legal remedies which may be available and Licensee hereby consents to the obtaining of such injunctive relief. |