Glass Jacobson Investment Advisors, Inc. (herein referred to as “Glass Jacobson”) has produced various audio, video and printed materials to assist you in enrolling in your employer’s 401(k) Plan (herein referred to as the “Plan”), to help you understand the benefits you will be receiving under the Plan and to provide general education regarding financial investments of the type available to you through the Plan (herein collectively referred to as the “Content”). Additionally, Glass Jacobson is making available to you a questionnaire that will assist you in determining an appropriate asset allocation of investments available to you through the Plan to meet your investment objectives (herein referred to as the “Questionnaire” and the Content and Questionnaire herein collectively referred to as the “Educational Materials”).
All of the Content is intended to be for informational purposes only, relating to either (a) the Plan and/or your participation in the Plan, or (b) general financial and investment concepts not having a direct relationship to investment alternatives available under the Plan.
Any asset allocations generated by the Questionnaire, are based on generally accepted investments theories that take into account the historic returns of different asset classes (e.g., equities, bonds or cash) over defined periods of time. In applying any asset allocations generated by the Questionnaire to your individual situation, you should consider your other assets, income and investments (e.g., equity in home, IRA investments, savings accounts, and interests in other qualified and non-qualified plans) in addition to your investment in the Plan.
The Educational Materials are not intended to be investment advice. Your plan sponsor decides which investment options to include in the Plan. You are not obligated to accept or follow the asset allocations suggested by the Questionnaire or other guidance provided by this Content. All investments involve risk, and these risks, along with other factors, may cause a decline in your account value in the Plan. If you have any questions, you should consult your own investment advisor.
Glass Jacobson may, in the future, produce additional Content designed to further educate and assist you regarding your investment in the Plan. Any additional Content that you elect to receive remains subject to all of the Terms and Conditions set forth herein.
TERMS AND CONDITIONS
Your access to and use of the Educational Materials are subject to the following Terms and Conditions:
- LICENSE GRANT
- License Grant. Subject to these Terms, Glass Jacobson grants, and you accept, a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to use and view the Educational Materials, and store, print, and view any results generated from the Questionnaire solely for your own personal and noncommercial use (the “License”).
- Restrictions on Use. You may not, except as expressly allowed by these Terms: (i) knowingly send, “spoof,” “phish,” or send or store material containing viruses, worms, Trojan horses or other harmful computer code, files, or programs to or from the Educational Materials; (ii) interfere with or disrupt the integrity or performance of the Educational Materials; (iii) attempt to gain unauthorized access to the Educational Materials; (iv) use the Educational Materials in violation of applicable law; (v) violate these Terms; (vi) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any third party the Educational Materials; (vii) modify or make derivative works based upon the Educational Materials; (viii) remove any trademarks, copyrights or other notice from any materials copied or removed from the Educational Materials; or (ix) include “Glass Jacobson,” or any derivative of Glass Jacobson, or its logos, trademarks, or other intellectual property to create an impression of affiliation with Glass Jacobson. You are responsible for all activity stemming from your use of the Educational Materials and will abide by all applicable laws, treaties and regulations in connection with its use of the Educational Materials.
- User Eligibility. You warrant and represent to Glass Jacobson that you are over the age of eighteen (18) and have the authority to agree to these Terms.
- Intellectual Property. No license to any patents, designs, copyrights, trademarks, service marks, trade names, domain names, mask words, know-how and trade secrets, and all other intellectual property (“Intellectual Property”), express or implied, is granted by Glass Jacobson to you under the License and these Terms. Glass Jacobson owns all right, title and interest, including all related Intellectual Property rights, in and related to the Educational Materials.
- The information provided by Glass Jacobson in the Educational Materials is for informational, educational, and noncommercial purposes only. You should not consider any information provided by the Educational Materials as legal, tax, or investment advice.
- Term. Your License and use of the Educational Materials shall commence upon acceptance of these Terms. The License and these Terms shall continue in effect until terminated, deactivated, or deleted. Sections 1.2, 1.4, 2, 4, 5, and 7 of these Terms shall survive any termination of these Terms and the License.
- DISCLAIMER; LIMITATION OF LIABILITY
- Warranty Disclaimer. THE EDUCATIONAL MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. YOUR USE OF THE EDUCATIONAL MATERIALS IS AT YOUR OWN DISCRETION AND GLASS JACOBSON MAKES NO CLAIMS OR PROMISES WITH RESPECT TO THE QUALITY, ACCURACY, AVAILABILITY, OR RELIABILITY OF THE EDUCATIONAL MATERIALS. GLASS JACOBSON MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE EDUCATIONAL MATERIALS, OR ITS CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE BY YOU.
- Limitation of Liability. GLASS JACOBSON SHALL NOT BE LIABLE FOR ANY: (A) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM OR RELATED TO A BREACH OF THESE TERMS OR ANY ORDER OR THE OPERATION OR USE OF THE EDUCATIONAL MATERIALS INCLUDING SUCH DAMAGES, WITHOUT LIMITATION, AS DAMAGES ARISING FROM LOSS OF DATA OR PROGRAMMING, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST YOU BY ANY THIRD PERSON, EVEN IF GLASS JACOBSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY GLASS JACOBSON TO PERFORM ITS OBLIGATIONS UNDER THESE TERMS DUE TO ANY CAUSE BEYOND GLASS JACOBSON’S REASONABLE CONTROL; OR (C) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST GLASS JACOBSON MORE THAN TWO YEARS AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE EDUCATIONAL MATERIALS OR RELATED SERVICES SHALL BE TERMINATION OF YOUR LICENSE AND TERMINATION OF YOUR USE OF THE EDUCATIONAL MATERIALS AND RELATED SERVICES. GLASS JACOBSON’S MAXIMUM AGGREGRATE LIABILITY TO YOU FOR ANY LOSSES OR DAMAGE SUFFERED FROM OR RELATING TO YOUR USE OF THE EDUCATIONAL MATERIALS AND RELATED SERVICES SHALL BE U.S. $100.
- Indemnity. You agree to indemnify, defend, and hold harmless Glass Jacobson and its affiliates and subsidiaries, and the officers, directors, employees, agents, and representatives of each of them against any and all costs, fees (including reasonable attorneys’ fees), and liabilities from any claim or demand made by a third party arising out of or relating to your access to or use of the Educational Materials or your violation of these Terms.
- HARDWARE AND SERVICE REQUIREMENTS You shall be solely responsible for acquiring, servicing, maintaining, and updating all equipment, computers, software and communication services that allow you to access and use the Educational Materials and for all expenses related thereto (including applicable taxes). Glass Jacobson shall not be liable for any damages relating to your inability to access the Educational Materials. Glass Jacobson does not make any commitments with respect to use or performance of the Educational Materials with specific Internet browsers.
- Waiver of Jury Trial. You hereby waive trial by jury in any action or proceeding arising out of or in any way pertaining to the Terms. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all claims against all parties to such actions or proceedings. This waiver is knowingly, willingly, and voluntarily made by you and you hereby represent that no representations of fact or opinion have been made by any individual to induce this waiver of trial by jury or to in any way modify or nullify its effect.
- Attorneys’ Fees and Costs. In the event that legal proceedings are brought to enforce these Terms, the prevailing party shall be entitled to recover its attorneys’ fees (including appellate fees) and the reasonable costs incurred by it in connection with such a proceedings.
- Severability. Whenever possible each provision of these Terms will be interpreted so as to be fully effective and valid under applicable law. If any provision of these Terms is determined to be invalid, illegal or unenforceable in any respect as written, such provision will be automatically deleted only to the minimum extent necessary, without invalidating any other provision of the Terms.
- Waiver. Any failure by Glass Jacobson to insist upon strict compliance with any term, covenant or condition hereof will not be deemed to be a waiver of such term, covenant or condition, nor will the relinquishment of any right or power hereunder by Glass Jacobson at any one or more times be deemed a waiver or relinquishment of such right or power by Glass Jacobson at any other time or times.
- Assignment. You may not assign its rights, interests, duties or obligations under this Agreement without the prior written consent of Glass Jacobson. Any assignment made without such written consent shall be void.
- Headings. The headings contained in these Terms are inserted for convenience only and do not constitute a part of these Terms.
- Complete Agreement. These Terms embody the complete agreement and understanding between the parties and supersedes and preempts any prior understandings, agreements or representations by the parties, written or oral, which may relate to the subject matter hereof. Nothing in these Terms is intended to modify or amend any other agreement, if any, which currently is in effect between you and Glass Jacobson.
- Governing Law. These Terms shall be construed and governed by the laws of the State of Maryland without regard to conflict of laws principles. You consent to, and waive any objection to, jurisdiction and venue in Maryland. Any action or proceeding seeking to enforce any provision of, or right arising out of, these Terms may only be brought by the you in the courts of the State of Maryland or the United States District Court for the District of Maryland.
THESE TERMS MAY BE MODIFIED BY GLASS JACOBSON FROM TIME TO TIME IN ITS SOLE DISCRETION AND ANY MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY. YOU SHOULD REEXAMINE THE TERMS FROM TIME TO TIME AS YOU WILL BE BOUND BY ANY SUCH MODIFICATIONS.
NOT FDIC INSURED. MAY LOSE VALUE. NO BANK GUARANTEE.