PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions shall apply to and control your use of this Website (“Website” or “Site”), the services provided herein (the “Services”) and any information, software, function, graphics, artwork and any other material contained herein (collectively referred to as the "Content").
By accessing and/or using this Website, the Services and the Content, you ("you" or the “User") agree to abide by and be bound to these Terms and Conditions and any changes thereto. If you do not agree to or cannot comply with any of these Terms and Conditions, immediately cease any use of this Website, the Services and the Content.
These Terms and Conditions may be changed or modified from time to time without notice to you. You should review these Terms and Conditions each time you use this Site or a Product or Service provided hereunder to make sure you agree with them. By using this Site, the Products, the Services and/or the Content offered herein, or engaging in any of the activities described in these Terms and Conditions after changes have been made, you thereby agree to accept, be bound to and comply with such changes.
This Website provides access to certain services to assist you to set-up and administer your Individual Retirement Account. This Website is provided by The IRA Center, a registered name of InspiraFS, Inc. (“The IRA Center”) which provides certain third party administration services (“TPA Services” which may be included in the definition of “Services”) for your Individual Retirement Account. Be aware that The IRA Center is compensated by the funds participating in the NTF program through recordkeeping, shareholder, or SEC 12b-1 fees.
The functionality of this Website is made possible through a variety services provided by third parties, which may include parties providing trading platforms, trust services, custodial services, investment services and record keeping services, and parties providing information and website administration (collectively the “Third Party Providers”). In no event shall The IRA Center’ use of or contractual arrangement with any Third Party Providers create any agency, employment, joint venture, partnership, representation or fiduciary relationship between such third parties, and neither The IRA Center nor such Third Party Providers shall have the authority to create any obligation on behalf of the other. Further, in no event shall the mention of, or the protections granted to such Third Party Providers suggest that such third parties are a party to these Terms of Service and the legal obligations herein. At times, through the process of establishing an IRA through this Website, you may be required to enter into legally binding agreements with third parties, including the Third Party Providers. User acknowledges and agrees that The IRA Center shall not be a party under such third party agreements and, as such, in no event shall The IRA Center have any liability or obligation under the same.
Information provided on this Website has been compiled from a variety of sources, including the NSCC, Mutual Fund Companies, Trust Companies, Custodial Companies, government and quasi government entities and other third parties. This Site may contain out of date information, technical or other mistakes, inaccuracies or typographical errors, and The IRA Center makes no guarantees or warranties to the contrary. The IRA Center and the Third Party Providers assume no obligation or liability to correct or update the same. It is your responsibility to verify any information presented to you before relying on it. The Content within this Website is provided for general informational purposes only and should not be regarded as professional advice or an official opinion. You are should seek professional advice before taking any course of action related to the information, content and ideas herein.
The IRA Center may give you access to research and planning tools obtained from unaffiliated third party sources. Such tools are deemed reliable, but in no event does The IRA Center guarantee their accuracy and completeness, and all warranties to the contrary are hereby disclaimed. Your use of any such tools shall be done solely at your own risk.
This Site contains Hyperlinks to third party websites (“Third Party Sites”). The placement of such hyperlinks on this Website shall in no event be construed as an endorsement or support, by The IRA Center, or any Third Party Provider, of the content, products and/or services of such Third Party Sites. The IRA Center does not editorially control the content, products and/or services on Third Party Sites, and it and the Third Party Providers shall not be liable, in any manner whatsoever, for the access to, inability to access, the use, inability to use or the content available on or through Third Party Sites.
The Content herein may change or be superseded from time to time as result of subsequent market events regulatory changes or other reasons. You are responsible for reviewing the information and content on this Site from time to time to be aware of such changes.
Your retirement plan will depend on your unique needs. There is no single strategy that meets all investors’ needs. Investments such as stocks, bonds, annuities, IRAs and mutual funds are not insured by the FDIC or any other governmental agency, and are not guaranteed by The IRA Center, the IRA sponsor, any Third Part Provider or any bank or entity. Such investments are subject to any and all investment risks, including the possible loss of the principal amount invested. Diversification does not eliminate the risk of experiencing investment losses. Further, past performance does not guarantee future results, and any representation or warranty to the contrary is hereby disclaimed.
The IRA Center recommends that you carefully consider your investment objectives, tolerances, risks, fees, and expenses before you invest in a mutual fund, money market or any IRA product. Each mutual fund, money market and IRA product has a prospectus that contains the above and other important information. Please read the prospectus carefully before investing. You can request a copy of the prospectus for each Product or Service available through this site by contacting the relevant service or product provider directly, or by downloading it from this site.
Any specific securities or types of securities used as examples are for demonstration purposes only. None of the information provided should be considered a recommendation or solicitation to invest in, or liquidate, a particular security or type of security.
PROPRIETARY AND INTELLECTUAL CONTENT
The Content of this Website (including but not limited to software, tools, information graphics, videos, and marks) is proprietary in nature, and may be owned by The IRA Center, its affiliates and/or a Third Party Provider. All title and intellectual property rights in and to the Content which may be viewed or accessed through this Website is and shall remain the property of the respective Content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Nothing contained herein shall be construed as granting a license under any copyright, trademark, patent or other intellectual property right.
ADDITIONAL TERMS AND CONDITIONS
When using certain Content, information, and/or Services accessible through, or provided on this Website, you may be subject to additional posted guidelines, terms, conditions, rules or notices applicable to the same, which are not set forth herein. All such guidelines, terms, conditions, rules and notices shall supplement these Terms and Conditions and are hereby incorporated by reference herein.
USE OF WEB SITE, SERVICES AND CONTENT
This Web site and its contents are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations. Further, you may not print, copy, upload, post, publish, modify, display, transfer, resell, reproduce, republish, or distribute this Website or the Content in any way (whether electronically or otherwise), or create other works based on the same, unless expressly authorized by these Terms and Conditions, the provisions on this Website, or otherwise permitted by The IRA Center writing.
You are expressly prohibited from taking any action, or using this Website, the Services and the Content in a manner, (a) that is deemed to interfere with, disrupt, or present a risk to the network, software, property, or security of The IRA Center, its affiliates, its customers, or the Third Party Providers, whether directly or indirectly, or (b) that violates any laws or regulations, or the policies of The IRA Center or a Third Party Provider. If it is determined that you are using this Website, the Service or the Content in a manner that violates or is contrary to this Section, The IRA Center, as well as any affected Third Party Provider, shall have the right, without liability or notice, to suspend or terminate your access or use of the Website, the Service, the Content or any part thereof. You shall be responsible for any liabilities arising from your use of the service that is contrary to, or violates this Section, and you hereby agree to indemnify and hold The IRA Center, its affiliates and the Third Party Providers harmless from and against any and all claims, damages, charges, fees, expenses, penalties, or other costs (including without limitation reasonable attorney’s fees) that arise there from. If The IRA Center or its Third Party Providers, in their sole discretion, believe that you have violated any laws or regulations, either party may forward personally identifiable information to the appropriate authorities for investigation and prosecution.
You, at your cost, shall be solely responsible for obtaining and maintaining all hardware, software and communications equipment, and any updates thereto, that are required to access this Website, the Content and the Services.
Some areas of this Website may require you to provide personal information or register for Services. In any such event, you agree to (a) provide accurate, current and complete information about yourself as requested during the registration (including your e-mail address); and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, your rights to use this Site or the Services may be terminated. In no event shall The IRA Center or any Third Party Provider be obligated to confirm the accuracy or correctness of the information you provide, and neither shall have any liability relative to the same.
ACCOUNT NUMBERS, USER IDS AND PASSWORDS
All Passwords and User IDs that you select in conjunction with your use of, and access to this Website or the Services must meet the then current policies and guidelines of The IRA Center, as amended form time to time. In addition to any restrictions found within said policies, The IRA Center shall not permit the selection and use of any Password or User ID that it believes, in its sole discretion, to be illegal, to be protected by trademark or other proprietary rights or laws, to be vulgar, to be in violation of any privacy rights, or which is otherwise offensive, or may cause confusion. You acknowledge that the purpose of creating a Password and User ID unique to you is to prevent the unauthorized access to your personal or proprietary information. As such, you should, at all times, keep your account number(s), User ID and/or Password confidential and not disclose them to anyone else. The IRA Center and the Third Party Providers shall not be liable for any unauthorized disclosure of or access to your personal propriety information, or from unauthorized access to, or use of this Website or the Services if you fail to maintain the confidentiality of your account number, User ID or Password, whether voluntary or involuntary. You shall be solely responsibility to notify The IRA Center of any unauthorized use of your account number(s), User ID, or password or any other breach of security.
ALL INFORMATION, CONTENT, MATERIALS PRODUCTS AND SERVICES CONTAINED OR PROVIDED ON, OR ACCESSIBLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE”. The IRA Center MAKES NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. The IRA Center DOES NOT WARRANT THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR MATERIALS CONTAINED ON THIS WEBSITE OR THE SERVICES AND/OR PRODUCTS PROVIDED HEREUNDER, OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THE ABOVE DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
AS A CONDITION OF The IRA Center PROVIDING THIS WEBSITE, ITS CONTENT, AND THE SERVICES AND PRODUCTS, YOU AGREE THAT The IRA Center AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY, OF ANY NATURE INCURRED, BY YOU AND/OR ANY THIRD PARTY RESULTING FROM: THE USE OF, ACCESS OF, OR INABILITY TO ACCESS THE WEBSITE, THE CONTENT, THE SERVICES, THE PRODUCTS AND THE INTERNET GENERALLY; ANY INTERRUPTION OF SERVICE; ANY LOST DATA, LOST TIME OR OTHER SYSTEM RELATED DAMAGES; DAMAGE OR LOSS OF PROPERTY OR EQUIPMENT; AND/OR ANY ACT OR OMISSION OF ANY THIRD PARTY.
IN ADDITION AND NOT TO LIMIT THE FOREGOING, The IRA Center AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES OR COST OF PURCHASING REPLACEMENT SERVICES) ARISING OUT OF OR RELATING TO THIS WEBSITE, THE CONTENT, AND/OR THE SERVICES. IN NO EVENT SHALL The IRA Center’ LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, BE MORE THAN THE TOTAL AMOUNT OF ANY MONEY The IRA Center RECEIVES FROM YOU PURSUANT TO YOUR USE OF THIS WEBSITE, THE SERVICES, THE PRODUCTS, AND/OR THE CONTENT.
NO CAUSE OF ACTION UNDER ANY THEORY WHICH ACCRUED MORE THAN ONE (1) YEAR PRIOR TO THE INSTITUTION OF A LEGAL PROCEEDING MAY BE ASSERTED HEREUNDER OR OTHERWISE.
IN THE EVENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIABILITIES AND WARRANTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION BY USER
IN ADDITION TO OTHER INDEMNIFICATION PROVISIONS HEREIN, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS The IRA Center, THE THIRD PARTY PROVIDERS AND THE SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OF THE SAME, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR USE AND ACCESS TO THE WEBSITE, THE CONTENT, THE SERVICES, THE PRODUCTS AND ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.
These Terms and Conditions shall be subject to any other written agreements you have entered into with InspiraFS, Inc. doing business as The IRA Center and, except as expressly set forth herein, in the event of a conflict, the terms of those agreements will govern.
The IRA Center may terminate these Terms and Conditions, your use of this Website the Products and the Services, without further liability, at any time, without notice, for any reason or no reason.
The IRA Center may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to this Website and the Service, and to prevent access to users who violate these Terms and Conditions. You agree that The IRA Center and/or the Third Party Providers would be irreparably harmed if you breach this provision and that monetary damages would be inadequate to remedy such breach. Accordingly, you also agree that specific and injunctive or other equitable relief is the appropriate remedy for such a breach.
Any waiver of or failure to enforce any right under or term or provision of these Terms and Conditions by The IRA Center shall not be deemed to be a waiver of such right or any other right, term or provision of these Terms and Conditions at any time.
The IRA Center assumes no risk of any event, foreseeable or unforeseeable, and beyond its reasonable control, that has a material effect upon the agreed exchange contemplated herein.
The provisions of these Terms and Conditions that, by their purpose, are intended to survive the termination of the exchange contemplated herein shall so survive. Said provisions shall include, but shall not be limited to, those provisions that include indemnification clauses, limitations on liability, warranty disclaimers.
In the event that any portion of these Terms and Conditions are determined to be unenforceable by a court of competent jurisdiction, the remainder of these Terms and Conditions shall not be impaired, affected or invalidated, and the unenforceable term or provision shall be replaced by such enforceable terms or provisions closest to the intention underlying the unenforceable term or condition.
GOVERNING LAW AND VENUEIRS Rules controlling contributions and distributions will apply to all IRAs directed by you. Use of this Website and the services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and the United States of America, without regard to conflict of law principles. You agree that all legal proceedings, whether at law or in equity, related to this Website the Content and/or the Services shall be filed in and adjudicated solely in the state or federal courts located in Pittsburgh, Pennsylvania. You further consent and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any hereunder.