These Terms of Service ("Terms") govern your access to and use of any and all services provided by Fiduciary Risk Assessment, LLC and/or PlanTools, LLC (hereafter “PlanTools” or “Us” or “Our”), including our various websites, web-based applications, mobile applications, APIs, email notifications, email newsletters, blog posts, articles, and/or white papers, (the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content").
You (meaning You, Your company or employer, any agents, legal counsel, employees, assignees, suppliers, third parties, or any other party of which you have control and who uses our Services, including any party that uses our Services using your Password, as defined below, hereafter “You” or “Your”) must read these Terms carefully. By registering for, creating an account, user name, or password, logging into, visiting and/or otherwise using the Services in any way, You indicate that You understand and intend these Terms to be the legal equivalent of a signed, written contract, and You accept the Terms as set forth herein and agree to be legally bound by them. If You do not agree to these Terms, please do not access Our Services. By accessing or using Our Services, you agree to be bound by these Terms.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, unless a Service has been contracted for using a separate license agreement, in which case the terms of that separate license agreement will govern if they conflict with those found herein, subject to Your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to You
Use of the Services may require Internet access and that You accept additional terms of service. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that PlanTools is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. PlanTools does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. You understand that by accessing any Third Party Materials, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services and Third Party Materials at Your sole risk and that PlanTools shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Location data provided by the Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither PlanTools, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
Nothing included in the Services constitutes tax, legal, or investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Neither the information, nor any opinion, included in the Services constitutes a solicitation or offer by PlanTools or its affiliates to buy or sell any securities or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information included on the Services are the sole responsibility of You. Data is dynamic and could be subject to reporting errors, timeliness and categorization discrepancies. The information reported by updated fund company literature, prospectuses and reporting services is often irreconcilable.As a result, the data provided in our Services should be viewed as indicative rather than definitive. The data emanates from sources believed to be reliable, but we have no control over the means or methods used for collection. As a result, we cannot guarantee accuracy or completeness. BEFORE ACQUIRING THE SHARES OF ANY MUTUAL FUND, ETF, COLLECTIVE FUND, SEPARATE ACCOUNT, MANAGED ACCOUNT, OR ANY OTHER TYPE OF SECURITY BY PURCHASE OR EXCHANGE, IT IS YOUR RESPONSIBILITY TO READ THE FUND'S PROSPECTUS OR CORRESPONDING DISCLOSURE MATERIALS.
You agree that in using any Service provided by PlanTools that We do not act in any fiduciary capacity as defined in the Employee Retirement Income Security Act of 1974 (“ERISA”) towards You, Your clients, and/or Your retirement plan and retirement plan participants.
All information or material submitted through the Services will be deemed to be the property of PlanTools, unless a separately negotiated, signed, and valid license agreement exists that changes these Terms. By submitting any information or material to us through the Services, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information. You also agree that PlanTools is free to use for any purpose any ideas, concepts, know-how or techniques that you submit to us through the Services. PlanTools shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed to by PlanTools in a separately negotiated, signed, and valid license agreement. You agree that PlanTools may use submitted information for preparation of benchmarking and other statistical analysis.
In the course of providing our Services, we may obtain non-public personal information which may come from sources such as account applications and other forms, from other written, electronic or verbal correspondence, from an advisory firm, financial adviser or consultant, and/or from information captured on our internet web sites. The personal information we collect allows Us to keep You posted on Our latest product announcements, software updates, and upcoming events. It also helps Us to improve our Services, content, and advertising. We also use personal information to help Us develop, deliver, and improve Our products, services, content, and advertising. From time to time, We may use Your personal information to send important notices, such as communications about purchases and changes to Our terms, conditions, and policies. Because this information is important to your interaction with PlanTools, you may not opt out of receiving these communications. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve PlanTools’ products, services, and customer communications.
As a matter of policy, we do not disclose any personal information gathered by us to non-affiliated third parties, except as required for our everyday business purposes, such as to process transactions or service an account, or permitted by law. As is common in the industry, non-affiliated companies may from time to time be used to provide certain services. We may enter into joint marketing arrangements with other companies. We may also retain marketing and research service firms to conduct research on customer satisfaction. These companies may have access to personal information, but are solely permitted to use this information to provide the specific service or as otherwise permitted by law.
We reserve the right to disclose or report personal information to non-affiliated third parties, in limited circumstances, where we believe in good faith that disclosure is required under law to cooperate with regulators or law enforcement authorities, or to protect our rights or property.
We take seriously our obligation to safeguard personal information. In addition to this policy, we have also implemented procedures that are designed to restrict access to personal information only to internal personnel who need to know that information in order to provide Services. In addition, we have physical, electronic, and procedural safeguards in place to guard personal information. The security of your information is important to us. When you enter sensitive information using our Services, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee absolute security. If you have any questions about security on our website, you can contact us at firstname.lastname@example.org.
We will dispose of records that are knowingly derived from data received from personal information that ensures the confidentiality of the data is maintained.
PlanTools is always seeking to improve the Services we offer You. We often introduce new features, some of which may result in the collection of new information. Furthermore, new partnerships or corporate acquisitions may result in new features, and we may potentially collect new types of information.
California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, PlanTools currently does not share any personal information with third parties for their direct marketing purposes.
You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except as permitted by any applicable separate license agreements between You and PlanTools. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. Nothing shall be construed as granting a license or right to use any image, trademark, service mark or logo, which is the property of PlanTools or its third-party information providers, suppliers, partners, or licensors. PlanTools reserves all rights with respect to its proprietary information or material and will enforce such rights to the full extent of applicable copyright and trademark law.
You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that PlanTools is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services. Except as otherwise stated in these Terms or as expressly authorized by PlanTools in writing, you may not:
We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
In addition, Services, third party services and Third Party Materials that may be accessed from, displayed on or linked to are not available in all languages or in all countries. PlanTools makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
PlanTools, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will PlanTools be liable for the removal of or disabling of access to any such Services. PlanTools may also impose limits on the use of or access to certain Services, in any case and without notice or liability. PlanTools also reserves the right to change, modify, add to, or remove portions of these Terms at any time for any reason. We suggest that you review the Terms periodically for changes. Such changes shall be effective immediately upon posting. You acknowledge that by accessing the Site after we have posted changes to these Terms, you are agreeing to the Terms as modified.
All content included in the Services is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, You are responsible for setting the cache settings on your browser to ensure You are receiving the most recent data.
Certain Services are protected by passwords or require a login and are restricted to authorized users only.You may not obtain unauthorized access to such Services, or to any other protected materials or information, through any means not intentionally made available by PlanTools for your specific use. If you have a Password for access to non-public Services, you are solely responsible for all activities that occur in connection with your Password. Accordingly, you should take all reasonable steps to protect the confidentiality of your Password. Notify PlanTools immediately if you become aware of any disclosure, loss, theft or unauthorized use of your Password.
Our Services may include proprietary investment data provided by Morningstar, Inc. and subject to a separate contract between PlanTools and Morningstar, Inc. PlanTools does not own this data nor does it control the terms and conditions of the contract to which it is subject. You acknowledge and agree that any Morningstar data included in our Services that may be made available is subject to a licensing agreement between PlanTools and Morningstar, Inc. and may not be distributed other than as included in our Services. You further acknowledge that certain of the information contained in our Services may be proprietary to Morningstar, Inc. and/or its content providers; and thus may not be copied or distributed and is not warranted to be accurate, complete or timely. You also acknowledge that any Service which includes Morningstar data must include Morningstar’s disclosures at the time of delivery; and any report or output created using Morningstar data is not for participant use. Neither Morningstar, Inc. nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance of investments is no guarantee of future results.
PlanTools reserves the right to determine the form and means of providing notifications to You, and You agree to receive legal notices electronically if we so choose.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PlanTools without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
EXCEPT AS AGREED TO BY PlanTools IN A SEPARATELY NEGOTIATED, SIGNED, AND VALID LICENSE AGREEMENT, NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PlanTools HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PlanTools DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PlanTools OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PlanTools BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PlanTools HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You expressly absolve and release PlanTools and its officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of domestic or foreign terrorism or governmental restrictions. In exchange for using the Services, You agree to indemnify and hold PlanTools, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Services, from your violation of these Terms or from any decisions that you make based on such information. Except as agreed to by PlanTools in a separately negotiated, signed, and valid license agreement, In no event shall PlanTools’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury)exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
For any dispute You have with PlanTools, You agree to first contact Us and attempt to resolve the dispute with Us informally. If PlanTools has not been able to resolve the dispute with You informally, We each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless You and PlanTools agree otherwise, the arbitration will be conducted in Mecklenburg County, North Carolina. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction, subject to the Limitation of Liability provision above. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PlanTools ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The laws of the State of North Carolina govern this license and Your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws. If you take legal action relating to these Terms, you agree to file such action only in the North Carolina state court located in Charlotte, NC, or the United States District Court for the Western District of North Carolina, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with PlanTools.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
The preceding Terms represent the entire agreement between PlanTools and You relating to the subject matter herein, unless a separately negotiated, signed, and valid license agreement exists.