Terms of Service

* These Terms of Service incorporate other documents and terms which form part of this Agreement, and include releases of third parties, all of which you should read carefully.

The terms “we” and “our” in this Agreement mean The Lampo Group LLC and its corporate affiliates and subsidiaries. Employer or Plan Sponsor, as used herein, refers to your employer, retirement plan sponsor, and/or the entity purchasing access to our Service, including EveryDollar®. The terms “you” and “your” in this Agreement mean any person that accesses or uses the Site or Services of which this Agreement governs. By visiting, accessing, or using our web-based SmartDollar retirement education program that can, and potentially among other avenues, be accessed via www.smartdollar.com (the “Site”), including any features, functionality, content, tools, and product support that we may provide you in connection with the same (collectively, the “Services”), you agree to these Terms of Service (“Agreement”) that also include the EveryDollar® Terms of Use, which applies to your access and use of the EveryDollar budgeting tool within the Service, provided that any terms or conditions in the EveryDollar Terms of Use concerning marketing, advertising, soliciting, trial and/or paid memberships or subscriptions and renewals thereof, data privacy, data sharing, and downloads from the Apple App Store® do not apply. All terms of this Agreement regarding data privacy, security, and data sharing shall apply to all access and use of the Site and Services by you, including the EveryDollar budgeting tool if accessed via the Site or Services.

Warranty

THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. NEITHER THE LAMPO GROUP, LLC, NOR ANY OTHER PARTY, INCLUDING YOUR EMPLOYER OR PLAN SPONSOR, MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT, OPERATION, OR AVAILABILITY OF OUR SITE OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK.

NEITHER WE NOR YOUR EMPLOYER OR PLAN SPONSOR MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON OUR SITE OR OF THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE MAKE REASONABLE EFFORTS TO CONTINUALLY SECURE OUR SYSTEMS AND APPLICATIONS USING INDUSTRY STANDARD CONTROLS, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SITE OR SERVICES ARE ERROR- OR DEFECT- FREE OR IMMUNE TO CYBER SECURITY VULNERABILITIES AND EXPLOITS THEREOF.

Use Restriction

Your right to access and use the Site and Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and Services for lawful purposes. The content of the Site and Services is not to be redistributed, copied, resold, or otherwise disseminated unless specifically authorized by us. You are authorized to use the Services as provided and are expressly prohibited from copying, reselling, disseminating, reverse engineering, or otherwise reproducing the Services, including but not limited to any video, audio, downloadable content of any kind, copyrighted works, and trademarks. All rights not granted herein are expressly reserved by us. Our Services are most effective when accurate information is supplied. You must provide true, accurate, current, and complete information. Your access and use of our Site or Services may be interrupted from time to time for any of several reasons, including without limitation the malfunction of equipment, periodic updating, maintenance or repair, or other actions that we, in our sole discretion, may elect to take.

You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Service, other products or services, advertising, and marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to us in any way. We will not sell, publish, or share your comments or feedback in a way that could individually identify you without your explicit permission.

In your use of the Site or Services, you agree that you will not:

  • Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, scan, or monitor the Services or any portion of our Site without our express written consent, which may be withheld in our sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search our Site, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (e.g., Internet Explorer, Safari, Firefox, Chrome, or Opera);
  • Post, transmit, or launch any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that would otherwise interfere with the proper working of our Site or the Service or that would undermine the confidentiality or integrity of information stored or processed in our applications or systems, or undermine the availability of the Site or Services;
  • Attempt to decipher, decompile, copy, reproduce, disassemble, or reverse-engineer any of the content, software, video, or audio components composing or in any way a part of our Site or Services;
  • Access and/or use the Site or Services from outside the United States;
  • Input any information or data, or engage in the transmission of the same, into the Services that is subject to (i) the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH Act) (e.g., Protected Health Information); (ii) the Payment Card Industry Security Standards (PCI DSS); (iii) EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced, or superseded from time to time, including by the GDPR (i.e., EU General Data Protection Regulation 2016/679) and laws implementing or supplementing the GDPR; or (iv) any other non-U.S. data privacy laws or regulations.

Geographic Restrictions

The Site and Services are intended for access and use within the United States. The Site and Services are not intended for, or directed to, citizens, domiciles, or residents of the European Union or U.S. citizens that are based out of or located outside of the United States. Accordingly, the Site and Services comply with applicable United States federal and state laws. By accessing and/or using the Site or Services you affirm that you are not a citizen, domicile, or resident of the European Union or a U.S. citizen based out of or located outside of the United States.

Privacy

For information about how we protect any personal information and data collected via the Site and Services and about any data sharing activity concerning the same, please review our SmartDollar Privacy Policy, which is incorporated into and made part of this Agreement in its full text by reference.

Not a Financial Planner, Broker, or Tax Advisor

The Services are intended as an investment educational tool as defined by U.S. Department of Labor Interpretive Bulletin 96-1. You acknowledge and agree that we nor the Site or Services provide any individualized investment advice to you nor does the same consider your particular investment objectives, financial situation, or needs and is not intended as recommendations appropriate for you. Before acting on any information available via the Site or Services, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own legal, financial, and/or investment adviser.

THE LAMPO GROUP LLC, ITS AFFILIATES, AND THE SERVICE DO NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER, BROKER, FIDUCIARY, OR TAX ADVISOR. Our Service, communications with our team, and the Site are intended only to assist in educating users on personal finance and retirement. Your situation is unique and fact-dependent. Thus, any information and advice obtained through the Services or the Site may not be appropriate for your particular situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your professional advisers and/or legal counsel who are fully aware of your circumstances and needs.

Limitation of Liability and Indemnity.

YOU TAKE FULL RESPONSIBILITY FOR THE DATA YOU ENTER INTO THE SERVICES, THE CONTENT YOU SUPPLY US (VIA ANY MEDIUM), AND YOUR USE OF THE SERVICES AND SITE. YOU ACKNOWLEDGE THAT THE SERVICES, WE, AND OUR EMPLOYEES AND AGENTS ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR PROFESSIONAL ADVICE. OUR SERVICES ARE OFFERED TO ASSIST YOU IN BASIC PERSONAL FINANCE MANAGEMENT AS DESCRIBED HEREIN.

NEITHER WE NOR OUR AGENTS, EMPLOYEES, OR ANY OF OUR THIRD-PARTY VENDORS OR PARTNERS, INCLUDING ANY THIRD-PARTY MARKETER OR PROMOTER OF THE SERVICES UNDER WRITTEN CONTRACT WITH US (COLLECTIVELY, THE “LAMPO PARTIES”) NOR YOUR EMPLOYER OR PLAN SPONSOR, ITS OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS SHALL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OUR SITE, YOUR USE OF THE SERVICE, OR THIS AGREEMENT.

SUBJECT TO ANY APPLICABLE LAW, YOU AGREE THAT NEITHER THE LAMPO PARTIES NOR YOUR EMPLOYER OR PLAN SPONSOR ARE LIABLE FOR ANY OF THE FOLLOWING: (A) ANY INDIRECT, SPECIAL, INCIDENAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, THIRD PARTIES WE MAY USE IN CONNECTION WITH THE SITE OR SERVICES, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS OR REVENUE, LOSS OF PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYSTEM REQUIREMENTS; OR (C) DAMAGES OR LOSSES RELATED TO PROFESSIONAL SERVICES OR ADVICE OF THIRD PARTIES, INCLUDING ADVERTISERS. THE ABOVE LIMITATIONS APPLY EVEN IF THE LAMPO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF THE LAMPO PARTIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SITE AND SERVICES AND ANY ACCESS OR USE THEREOF. IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST US, ANY OF THE LAMPO PARTIES OR YOUR EMPLOYER OR PLAN SPONSOR MORE THAN ONE (1) YEAR AFTER YOUR DISCOVERY OR YOUR BEING MADE AWARE (DIRECTLY OR INDIRECTLY) OF THE ACTUAL OR POTENTIAL BASIS FOR SUCH CLAIM OR CAUSE.

THE MAXIMUM AMOUNT TO WHICH THE LAMPO PARTIES AND ANY EMPLOYER OR PLAN SPONSOR MAY BE LIABLE TO YOU IN ANY CIRCUMSTANCE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

You agree to indemnify and hold the Lampo Parties and Your Employer or Plan Sponsor harmless from any and all claims, liability, and expenses, including reasonable attorneys' fees and costs, arising out of your access or use of the Site, Services, or breach of this Agreement (collectively referred to as "Claims"). We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.

Intellectual Property Rights

The contents of our Services and our Site, including but not limited to its text, videos, graphics, images, logos, button icons, photographs, editorial content, notices, software, and other material are protected under both United States and other applicable copyright, trademark, and similar laws. Subject to warranty disclaimers contained in this Agreement, the content of and in our Site and Services belongs to us or our third-party licensors or are lawfully licensed to us or such third parties. We grant you the right to view and use the Services subject only to these terms. Subject to any use restrictions herein, you may download or print a copy of information provided on our Site for your personal, noncommercial use only. Any distribution, reprint, or electronic reproduction of any content from our Site or Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. All rights not granted to you herein are exclusively reserved by us. This Agreement in no way transfers ownership in any intellectual property owned or reserved by us.

Governing Law and Venue for Disputes

This Agreement and your relationship with us shall be governed by the laws of the State of Tennessee without regard to its conflict or choice of laws provision. Any dispute with us, or our officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the state courts having jurisdiction over Williamson County, Tennessee, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case we may seek such relief in any court with jurisdiction over the parties. If you are a nonpaying member, you understand that, in return for agreement to this provision, we are able to offer the Services, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

Termination

This Agreement will remain in effect until terminated by either you or us as set out below.

If you want to terminate the same with us, you may do so by notifying us via the email or phone contact information located at our Site, closing your account for the Services, and ceasing further access and use of the same.

We may at any time terminate our agreement and/or the Services with you:

  • If you have breached or repudiated any provision of this Agreement;
  • If we in our sole discretion believe termination is required to do so by law;
  • Upon the end of any license term purchased by you or for you; or
  • Immediately with or without cause upon notice to the email address provided by you, or on your behalf, as part of your account enrollment or registration information.

Miscellaneous and Entire Agreement

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement. If we do not exercise or enforce any legal right or remedy that is contained in the Agreement, such decision on our part will not serve as a formal waiver of our rights. Those rights or remedies will still be available to us. All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and its termination. This Agreement contains the entire agreement between you, us and your employer or plan sponsor regarding access and use of the Site and Services and supersedes all prior written and oral understandings and agreements. By using the Services, you warrant and represent that you are competent to enter this binding Agreement.

Agreement, Updates, and Changes

This Agreement may be revised by us from time to time as we add new features and functionality at the Site and to the Services, as laws or regulations change, as industry privacy and security best practices evolve, or anytime or for any reason at our sole discretion. When we do so, we will post the updated policy on this page including date of update. It is your responsibility to return to this page to check for any updates or changes. Your continued access and use of the Site or Services subsequent to any changes or updates to this Agreement constitutes your acknowledgement of, agreement with, and acceptance of such changes and updates.



 

Last updated: SmartDollar_TOS_060719