TDS is a privately held independent plan administrator providing 403b and 457 plan administration, consulting and common remitting services for qualified employers throughout the United States. As part of our publication services, we also partner with other 3rd party providers to offer educational materials to plan sponsors and their employees. By accessing the sites offered by TDS and its affiliated partners, you agree to the terms and conditions of the Agreement (the “Agreement”) set forth below. These terms and conditions apply to all who access the site, whether or not you register as a user, and sets forth the rights and responsibilities of both the accessor of the Sites, as well as the owner of the Sites. Please be advised that you will be assuming full and sole responsibility for all use of the Services occurring under your account, and will be limiting your remedies by agreeing to these Terms and Conditions. Read this Agreement carefully. If you have any questions, please contact firstname.lastname@example.org.
- 1. Introduction
- 2. Use of Content
- 3. Registration
- 4. Premium Content and Site Transactions
- 6. Confidentiality
- 7. Software
- 8. Export
- 9. NO Warranties, Exclusion of Damages,Limitation of Liability an Exclusive Remedy
- 10. Links
- 11. Indemnities
- 12. Changes to these Terms
- 13. Advertising and Sponsorship
- 14. Competitions and Prizes
- 15. Governing Law
- 16. General
The Sites are owned and operated by Tax Deferred Solutions (“TDS”). In order to complete the registration process, you must read in its entirety and indicate your acceptance of this Agreement. By clicking the “I Agree” button, you accept and agree to be bound by all of the terms and conditions of this Agreement without modification, limitation or qualification. This Agreement is binding upon yourself individually, and also any Company you may be representing or acting on behalf of as its agent. You represent you are at least 18 years of age, and that you have the authority to bind yourself and your company to this Agreement. If you are not at least 18 years old or do not have such authority, you must click the “I Decline” button. You must also click the “I Decline” button if you do not agree with any of the terms and conditions of this Agreement. If you decline, you will not become a User and will not be authorized to access or use the Services on the Sites.
Wireless or internet service providers may charge you for time spent accessing the Sites in the same way that you are charged for making telephone calls or using the internet. You should contact your wireless or internet service provider if you require additional information regarding these charges.
Certain materials (“Premium Content”) may be available to you on a paid-for subscription basis. Premium Content will be clearly identified, and you will be requested to give credit card details if you decide to make a purchase. Specific provisions relating to your use of Premium Content are set forth in Section 5 of this Agreement.
All content accessible via the Sites may not be accessible from a wireless device. Likewise, there may be some content accessible through a wireless device that is not accessible for users without such a device.
TDS reserves the right to suspend or terminate your access and use of the Sites at any time with or without notice. If applicable, notice will be given to your e-mail address and will be deemed as served three hours after transmission or posting.
The Sites may include an Advisor Network, containing applications and services that rely on a user’s relationship with an independent financial advisor. When you register for our Sites and Services, you thereby grant TDS your permission to submit your contact information for use in our Advisor Network. Your information may be provided to a financial advisor in your area who may contact you to discuss financial products and services. Please note that independent financial advisors are not affiliated with TDS and that you are not obligated to purchase any financial products or services.
All material on the Sites (the “Content”) belongs to TDS or its licensors. You may retrieve and display Content from the Sites on a computer screen or wireless device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your wireless device (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
Except as expressly set forth above, you may not reproduce, modify, or in any way commercially exploit any of the Content. In particular, but without limitation, you may not do any of the following without prior written permission from TDS:
- Redistribute any of the Content (this includes use as part of any library, archive or similar service).
- Remove the copyright or trademark notices from any copies of Content made under this Agreement.
- Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
Requests to republish or redistribute Content should be addressed to email@example.com.
Upon registration, you must provide TDS with accurate, complete registration information It is your ongoing responsibility to inform TDS of any changes to that information (including in particular your e-mail address) by e-mailing firstname.lastname@example.org.
Each registration is single-user only. Upon registration, you will choose a user name and password. TDS does not permit any of the following:
- Sharing your user name and password with any other person.
- Making available a single name and password to multiple users on a network.
You are responsible for all use of the Sites made by you or anyone else using your user name and password or using your wireless device to access the Site. You are also responsible for preventing unauthorized use of your ID. If you believe there has been any breach of security, such as the disclosure, theft or unauthorized use of your ID or any payment information, you must immediately notify TDS by emailing email@example.com.
If you register to use the email service on the Sites, you must not use the service to send, or use or re-use any material which is unlawful, threatening, abusive, libelous or indecent, infringes copyright or other rights of third parties or which contains any other form of illegal content. In addition, you must not use the service to send any chain emails or “spam”.
If on registration (or on amendment of your registration details) you provide TDS with an email address that will result in any emails TDS may send you being sent via a computer network operated by or on behalf of your employer, college or other supervisory third party, then you are warranting that you are entitled to receive email at that address. You also agree that TDS may refrain from sending you email to such address without notifying you, even if you have subscribed to receive them, if we receive a request from your employer, college or other supervisory third party to stop sending email to that address.
Premium Content may be made available on payment of certain charges. All payments (including any applicable taxes) must be made by credit card in US Dollars or any alternative currency that TDS may specify. If TDS (or its designated agent) does not receive payment authorization from your credit card clearing service, TDS may immediately suspend your use of the Site. You are responsible for the payment of all charges associated with the use of the Site using your ID.
This Agreement shall remain effective until terminated by either party. TDS reserves the right, at its sole discretion, to immediately terminate this Agreement. If your use of the Sites is terminated by TDS, you will be entitled to receive a refund of any credits that remain unused at the time of termination (unless your use is terminated because of breach of this Agreement). You will still be responsible for any fees or other charges incurred by you until the termination of your rights to use the Sites.
You may terminate this Agreement at any time by ceasing to use the Sites. Upon termination of this Agreement for any reason, you shall cease using the Sites and remove and destroy all copies of the Sites in your possession.
You may use the Site to purchase products or services from TDS’s third party partners. For such purposes, your contract for such products will be with the third party partner and not with TDS.
- Using your information for the effective administration of the Sites and to communicate with you.
- The disclosure of your information to the TDS affiliate who’s co-branded website you used to register or was appointed by TDS as your financial advisor.
The Sites contain trade secrets and other confidential and proprietary information of TDS and its licensors. You agree to hold in confidence, not disclose (except with TDS’s expressed written consent) and not use the Sites, except as expressly provided herein. You also ensure that there is no breach, compromise, or violation by your employees, consultants, or independent contractors of such confidentiality obligations and trade secrets. You are prohibited from modifying, translating, decompiling, disassembling or reverse engineering or otherwise attempting to determine the source code for the operation of the Services. For purposes of this Agreement, “reverse engineering” means the examination or analysis of the Services or content to determine its source code, sequence, structure, organization, internal design, algorithms or encryption devices. “Information” means all data, material, text, photographs, music, video, software, sounds, graphics, other information or materials or portions thereof. You recognize and agree that there is no adequate remedy at law for a breach of this Section 6, that such breach would irreparably harm TDS and/or its licensors for which monetary damages would not be an adequate remedy. Therefore, TDS and/or its licensors are entitled to equitable relief (including, without limitation, injunctions) with respect to any such breach or potential breach in addition to any other remedies.
In order to protect TDS’s confidential information and trade secrets, you shall not develop, create, implement, provide, sell, rent, resell, or offer to do any of the foregoing, any product or service within the United States and Canada which competes with the Services provided hereunder while you are a User and for a period of one (1) year following termination of this Agreement.
You understand and agree that your use of this web site must be in good faith and for lawful purposes. If you cannot in good faith agree to and continue to be bound by these Terms and Conditions, we must ask that you discontinue your use of this web site. In so doing, you may avoid the serious consequences otherwise of violating the Companys rights to seek enforcement of its commercial rights and property, and to protect the security of its confidential information under state and federal law. As a user of this web site, you are hereby advised that the federal Economic Espionage Act of 1996 (EEA) imposes criminal liability and corresponding fines and/or prison sentences on persons or entities which intentionally or knowingly engage in any of the following actions: theft or concealment of a trade secret; deceptively obtaining a trade secret; duplication of a trade secret without authorization; knowingly receiving or purchasing a wrongfully obtained trade secret; or attempt or conspiracy to commit any of the above acts. The Company expressly reserves all of its rights under the EEA, as well as under all other applicable federal and state laws, including those providing sanctions for hacking, and the theft or destruction of our intangible property through the use of computer viruses and worms. The Company intends to vigorously pursue prosecution for such offenses.
Copyright in any software that is made available for download from the Sites (“Software”) belongs to TDS, its licensors or its suppliers. Your use of the Software is governed by the terms of any license agreement that may accompany or be included with the Software. You may not install or use any Software unless you agree to such license agreement.
You represent and warrant that you are entitled under United States export laws and regulations to obtain copies of and use the Sites pursuant to the terms of this Agreement. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States agency or authority, and not to directly or indirectly export, or allow the export or re-export of the Sites or derivatives of the Sites or any copy or any direct product thereof in violation of any such restrictions, laws or regulations, or without all required licenses and authorizations.
The Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of offer, solicitation, advice, recommendation, or arrangement by TDS and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made and advice taken between you and any third party named on the Sites are at your sole risk and responsibility.
BECAUSE OF THE NUMBER OF SOURCES FROM WHICH TDS OBTAINS CONTENT AND THE NATURE OF ELECTRONIC DISTRIBUTION VIA THE INTERNET AND WIRELESS DEVICES (OR OTHER PORTABLE ELECTRONIC DEVICES), TDS DOES NOT GIVE ANY WARRANTIES WITH RESPECT TO THE SITES, CONTENT, SOFTWARE OR SERVICES AVAILABLE THROUGH THE SITES (COLLECTIVELY, “SERVICES”). TDS GATHERS AND AGGREGATES DATA FROM MULTIPLE THIRD-PARTY SOURCES IN PROVIDING THE SERVICES ON THE SITES. IN THE EVENT THAT YOU ENCOUNTER ANY APPARENT DISCREPANCY IN THE REPORTING OR USE OF SUCH DATA, THE USER IS ADVISED TO RESOLVE THE DISCREPANCY WITH THE SOURCE PROVIDER OF THE
THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, TDS HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. ADDITIONALLY, TDS MAKES NO WARRANTY THAT THE SITE SERVICES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT TDS WILL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR FOR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE SERVICES OR TO ANY BREACH OF THE TERMS BY TDS, EVEN IF TDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY.
LIMITATION ON DAMAGES; EXCLUSIVE REMEDY
YOU AGREE THAT YOUR ONLY RECOVERY FOR ANY DAMAGES THAT YOU INCUR, AND YOUR EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR IN REASONABLE RELIANCE ON THE APPLICABLE SITE SERVICE UP TO A LIMIT OF THE FOLLOWING, AT TDS’S ELECTION: (1) A REFUND OF THE AMOUNT YOU PAID TDS (IF ANY) IN TOTAL DURING THE MONTH IN WHICH THE DAMAGE IS FIRST INCURRED, (2) CORRECTION OR REPLACEMENT OF THE SERVICE. ALL LIMITATIONS WILL APPLY TO ALL LEGAL AND EQUITABLE THEORIES.
The Site contains links to other World Wide Web sites provided by independent third parties (“Third Party Sites”), either directly or through frames. Where possible, TDS will make clear where such links are being made, though Third Party Sites may be co-branded with TDS and so include TDS’s trademark. TDS is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.
TDS is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.
Notwithstanding the provisions of Section 9, TDS’s liability will not be limited in the case of death or personal injury directly caused by TDS’s negligence.
You will indemnify and hold TDS harmless from all actual liabilities, damages, losses, costs and expenses (including, but not limited to, attorneys’ fees) incurred by TDS to the extent arising out of any legal action based on: 1) any breach of this Agreement by you; 2) any claim by a third party that TDS, due to your use of the Sites, is liable for contributory infringement of a copyright, patent, trade secret, or other proprietary right of a third party, provided that this indemnity will not apply to any claim to the extent the Sites as delivered by TDS infringes on a proprietary right of a third party; or 3) any claim by a third party that TDS, due to your use of or inability to use the Site, is liable to a third party in tort or under statutory liability, including, without limitation, defamation, invasion of privacy, or similar theories of law.
TDS reserves the right to make changes at its sole discretion to any parts of the Sites. Due to its policy of continuously updating and improving the Site, TDS may wish to change these Terms (including those relating to your use of the Content). When terms are changed, TDS will notify you by email or by publishing details of those changes. If you use the Site after TDS has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published or after you receive notice of them.
Parts of the Sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site complies with international and national law. TDS is not responsible for any error or inaccuracy in advertising material.
From time to time TDS may run competitions, free prize draws, and promotions on the Site. These are subject to additional terms that will be made available at the time.
The parties expressly agree that the rights and obligations of each will be governed by the laws of the State of California, without regard to its conflict of law provisions. You hereby irrevocably consent to the non-exclusive jurisdiction and venue of the federal and state courts located in Orange County, California, with any claim or proceeding relating to any such dispute other than in the aforementioned courts. The parties expressly agree that the rights and obligations of each will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.
You may not assign, sub-license, or otherwise transfer any of your rights under this Agreement.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy. Headings in this Agreement are for convenience only and have no legal meaning or effect.
These Terms and Conditions were last updated on March 24, 2011.
Tax Deferred Solutions
Northern California Office
6939 Sunrise Blvd, Suite 250
Citrus Heights, CA 95610
Tax Deferred Solutions
Southern California Office
6 Upper Newport Plaza
Newport Beach, CA 92660
Copyright © 2016 The TDS Group, Inc. All rights reserved.