TERMS AND CONDITIONS – ERISA AdvisorTools®
Terms of Service
1. Agreement. Your use of ERISA AdvisorTools products, software, services and web sites (referred
to collectively as the "Services" in this document) is subject to these Terms of Service and our Security and Privacy Policy (collectively referred to as the "Terms"). This agreement is between you and People Process Purpose, LLC, an Alabama limited liability company, dba ERISA ERISA AdvisorTools (hereinafter referred to as "ERISA AdvisorTools" or "We"). Our principal place of business is at 300 Cahaba Park Circle, Suite 133, Birmingham, AL 35242 in the United States.
2. Acceptance. You accept these terms by (a) clicking to agree or accept the terms, or by (b) logging
into the product where it states that you are accepting these terms. You may not use the Services or
accept the Terms if (a) you are not of legal age to form a binding contract with ERISA AdvisorTools, or (b)
you are a person barred from receiving the Services under any applicable laws or regulations.
3. Changes to the Terms. ERISA AdvisorTools may make changes to the Terms from time to time.
When these changes are made, ERISA AdvisorTools will make a new copy of the terms available at
www.ERISAadvisorTools.com. You understand and agree that if you use the Services after the date on
which the Terms have changed, ERISA AdvisorTools will treat your use as acceptance of the updated
Terms. You are expected to check this page from time to time so you are aware of any changes, as they
are binding on you.
4. Limits and Limitations of Third-Party CRM Services. The Services are provided on a platform
owned and operated by Salesforce.com, a third-party service. It is your responsibility to understand the
any limitations imposed by Salesforece.com and how they might affect the final delivery of Services
governed by this Agreement. For example, the Services may be subject to certain limitations described in
Salesforce.com's terms of use.
5. Account Security. To access the Services you may be asked to provide certain registration details
or other information. It is a condition of your use of the Services that all the information you provide on
the web site is correct, current, and complete. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
6. Not Investment Advice. The Services utilize decision trees and analysis developed by ERISA
AdvisorTools, combined with customer data and data that we access through our partners, to provide
information to you and other users. You acknowledge that ERISA AdvisorTools does not independently
evaluate the suitability of, owe a fiduciary duty to, or recommend any investments for you or your clients.
The Services are dependent on the accuracy of the data you submit. ERISA AdvisorTools does not monitor
or independently verify the accuracy of such user submitted data. You accept full responsibility for any
inaccuracies or errors resulting from user submitted data.
The information, data, analysis and opinions contained in the Services include the confidential and
proprietary information of ERISA AdvisorTools; may include or be derived from account information
provided by you which cannot be verified by ERISA AdvisorTools; may not be copied or redistributed; does
not constitute investment advice offered by ERISA AdvisorTools; are provided solely for informational purposes and do not constitute an offer to buy or sell a security; and are not warranted to be correct,
complete or accurate. Except as otherwise provided by law, ERISA AdvisorTools shall not be responsible
for any trading decisions, damages or other losses resulting from the use of this information, data, analysis or opinion.
ERISA AdvisorTools is not registered with the Securities and Exchange Commission (SEC) or the Financial
Industry Regulatory Authority (FINRA) as an investment advisor or a broker/dealer. You acknowledge that
ERISA AdvisorTools, its employees and its agents are not acting as financial advisors, financial planners or
broker/dealers, and cannot, through the Services, advise you or your clients. You certify that you are a
licensed investment advisor, broker dealer, or broker dealer registered representative, and that if you
choose to make investment decisions for your clients in reliance on information you receive in connection
with the Services, you do so at your own risk.
To the maximum extent permitted by law, ERISA AdvisorTools disclaims any and all liability in the event
that any content or data on the Service is inaccurate, incomplete, unreliable, or results in any investment
or other losses.
Nothing on the Service should be construed as an offer to sell, an offer to buy, or a recommendation for
or against any security, investment strategy or marketing strategy by ERISA AdvisorTools or any third
party.
7. Privacy. For information about ERISA AdvisorTools privacy and security policies, as well as data
protection practices, please read our Privacy and Security Policy. You agree to the use of your data in
accordance with that policy.
8. Proprietary Rights. You acknowledge and agree that ERISA AdvisorTools and/or its licensors own
all legal right, title and interest in and to the Services, including any intellectual property rights which
subsist in the Services.
9. License. When you or the entity who has provided you with your user account purchases the
Services, ERISA AdvisorTools grants you a personal, worldwide, non-assignable and non-exclusive license
to use the Services.You agree not to copy, modify, create a derivative work of, reverse engineer,
decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this
is expressly permitted or required by law, or unless you have been specifically told that you may do so by
ERISA AdvisorTools, in writing.
10. Copyright. The Services are protected by a combination of copyright, trade secret laws and patent
protection. Portions of the Services may contain information and data from third party providers, subject
to their own copyright provisions.
11. Use of the Services. You acknowledge that each ERISA AdvisorTools account is designed, intended
and licensed for use by a single named user only. You agree not to share access to your ERISA AdvisorTools account, login information or password with any other individuals or entities. You agree that you are solely responsible for the activities that occur under your user account. If you become aware of any unauthorized use of your password or of your account, you agree to notify ERISA AdvisorTools
immediately at contact@ERISAadvisorTools.com.
You agree to provide accurate and correct information about your identity, your firm, and your status as
an investment advisor, broker dealer, or broker dealer registered representative. You agree to use the
Services only for purposes that are permitted by (a) the Terms, and (b) any applicable laws or regulations.
You agree not to access any of the Services by any means other than the interface provided by ERISA
AdvisorTools, except where expressly permitted by a separate agreement with ERISA AdvisorTools. You
specifically agree not to use automated means (including the use of scripts or web crawlers) to access the
Services. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services.
Unless specifically permitted in a separate agreement with ERISA AdvisorTools, you agree that you will
not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
The outputs from the Services, including but not limited to its screenshots, reports and analytics, may not
be used in general mailings, mass communications or advertisements, without prior written approval from
ERISA AdvisorTools.
12. Integrations. If you choose to integrate the Services with your advisory network or custodian's
data feed or other third party software or services, ERISA AdvisorTools accepts that as your request to
share confidential data stored in your account with the data feeds or third party services you connect.
13. Billing and Termination. The following terms apply to billing and/or termination of your account,
depending on how your license for the Services was purchased.
(a) Enterprise Customer Agreement. If your license for the Services was purchased using an
enterprise customer agreement, the "Billing and Termination" section is superseded by the terms of that
agreement. Please consult that agreement or your enterprise account manager for details on how to
terminate or change your license. Otherwise, the following terms apply to you.
(b) Billing Policies. Your ERISA AdvisorTools account is attached to one or more licenses for
an ERISA AdvisorTools product. The license determines the precise product and Service plan you have
purchased.
ERISA AdvisorTools generally bills customers on the day of their month that their license was activated.
For license activations on the 29th, 30th or 31st day of the month, billing may occur as early as the 28th
day. All fees are nonrefundable once billed, except as provided for in "Ending your Relationship with ERISA
AdvisorTools."If your firm is paying for an advisor's account, and that advisor leaves your firm, it is your
responsibility to notify ERISA AdvisorTools, using the process and timelines described herein, that you will
no longer be financially responsible for that advisor's account. If you choose to make such a notification,
you also agree to provide the advisor's updated contact information, so ERISA AdvisorTools can attempt
to transfer financial responsibility for the account to them.
(c) Ending your Relationship with ERISA AdvisorTools. The Terms will continue to apply until
terminated by either you or ERISA AdvisorTools as set out below.
If you want to terminate your agreement with ERISA AdvisorTools, you may do so by written notification
to ERISA AdvisorTools via electronic mail or via postal mail to the address which is set out at the beginning of these Terms. Termination is deemed effective when you receive an acknowledgment from an ERISA
AdvisorTools employee that your message has been received.
For month-to-month accounts, your cancellation request must be received by 12:00PM Noon Central
Time on the day prior to your monthly billing date. For annual contract accounts, your cancellation request
must be received by 12:00PM Noon Central Time on day prior to your annual billing date.
If you have a Service commitment that has not yet expired, both access and billing for the Services will
continue until that Service commitment ends. Service fees are payable in advance and are nonrefundable,
including for partial months or unused Service time.
(d) Termination of the Services. ERISA AdvisorTools may, at any time, terminate its legal
agreement with you if (i) you have breached any provision of the Terms (or have acted in manner which
clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); (ii)
ERISA AdvisorTools is required to do so by law (for example, where the provision of the Services to you is,
or becomes, unlawful); (iii) the partner with whom ERISA AdvisorTools offered the Services to you has
terminated its relationship with ERISA AdvisorTools or ceased to offer the Services to you; (iv) ERISA
AdvisorTools is transitioning to no longer providing the Services to users in the country in which you are
resident or from which you use the Service; (v) the provision of the Services to you by ERISA AdvisorTools
is, in ERISA AdvisorTools's opinion, no longer commercially viable; or (vi) you do not pay any amounts due
for the license of the Services according to the terms stated in your invoice. When these Terms come to
an end, all of the legal rights, obligations and liabilities that you and ERISA AdvisorTools have benefited
from, been subject to (or which have accrued over time while the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, including the provisions of the
"General Legal Terms" and "Conflict of Laws" sections below.
14. EXCLUSION OF WARRANTIES. NOTHING IN THESE TERMS, INCLUDING THE "EXCLUSION OF
WARRANTIES" AND "LIMITATION OF LIABILITY" SECTIONS, SHALL EXCLUDE OR LIMIT ERISA
ADVISORTOOLS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR
LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE
CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR
JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
IN PARTICULAR, ERISA ADVISORTOOLS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICES WILL MEET YOUR
REQUIREMENTS, (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE
FROM ERROR, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES
WILL BE ACCURATE OR RELIABLE, AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ERISA
ADVISORTOOLS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
ERISA ADVISORTOOLS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY. SUBJECT TO THE OVERALL PROVISIONS IN THESE TERMS, YOU
EXPRESSLY UNDERSTAND AND AGREE THAT ERISA ADVISORTOOLS, ITS SUBSIDIARIES AND AFFILIATES,
AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED
TO LOSS OR DAMAGE AS A RESULT OF YOUR OR ERISA ADVISORTOOLS'S ACTIONS;
(c) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF
ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY
ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(d) ANY CHANGES WHICH ERISA ADVISORTOOLS MAY MAKE TO THE SERVICES, OR FOR ANY
PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(e) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER
COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(f) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
CONFIDENTIAL;
(g) YOUR FAILURE TO PROVIDE ERISA ADVISORTOOLS WITH ACCURATE ACCOUNT
INFORMATION;
(h) ALL OF THE LIMITATIONS ON ERISA ADVISORTOOL'S LIABILITY TO YOU SHALL APPLY
WHETHER OR NOT ERISA ADVISORTOOLS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING
OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.
17. General Legal Terms. The Terms constitute the whole legal agreement between you and ERISA
AdvisorTools and govern your use of the Services (with the exception of any explicitly written and
executed side agreements between you and ERISA AdvisorTools), and completely replace any prior
agreements between you and ERISA AdvisorTools in relation to the Services.
You agree that if ERISA AdvisorTools does not exercise or enforce any legal right or remedy which is
contained in the Terms (or which ERISA AdvisorTools has the benefit of under any applicable law), this will
not be taken to be a formal waiver of ERISA AdvisorTools's rights and that those rights or remedies will
still be available to ERISA AdvisorTools.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms
is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The
remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with ERISA AdvisorTools under the Terms, shall be governed by the laws
of the State of Alabama without regard to its conflict of laws provisions. You and ERISA AdvisorTools agree
to submit to the exclusive jurisdiction of the courts located within the County of Jefferson, State of
Alabama, United States of America to resolve any legal matter arising from the Terms. Notwithstanding
this, you agree that ERISA AdvisorTools shall still be allowed to apply for injunctive remedies (or an
equivalent type of urgent legal relief) in any jurisdiction.
Security and Privacy Policy
People Process Purpose, LLC, an Alabama limited liability company, dba ERISA AdvisorTools (hereinafter
referred to as "ERISA AdvisorTools" or "We") respect your privacy and are committed to protecting it
through our compliance with this policy. The following is our formal security and privacy policy, which is
incorporated by reference into our Terms of Service (collectively referred to as the "Terms").
Data Ownership
The most important part of this Security and Privacy Policy is the simple principle that your data belongs
to you. You are not transferring the ownership of data about your clients by storing it in ERISA
AdvisorTools. Your clients are your clients, and the data that you store in ERISA AdvisorTools belongs to
you. Upon the termination of your ERISA AdvisorTools account, you will no longer have access to the data
you provided to us. ERISA AdvisorTools accepts no responsibility for maintaining your data after the
termination of your account with us.
We utilize the data in your individual ERISA AdvisorTools account to assist you with support requests,
troubleshoot problems, or monitor the performance and effectiveness of the system. We may also share
your data as described in this Privacy Policy. In addition, we utilize aggregated data across the entire
ERISA AdvisorTools platform to improve its effectiveness, develop insights, or monitor the performance
and effectiveness of the system. We may also share anonymous aggregated data with third parties for
purposes of research and marketing to the financial services industy.
Information We Collect and How We Use It
We may collect the following types of information:
- Information you Provide. When you establish an ERISA AdvisorTools account, we ask you for personal information. We use the data you enter to provide services to you, and develop personalization to make things more relevant. We also analyze all of our customer data in aggregate to understand more about the average ERISA AdvisorTools user.
- Contact Information. You may be asked for your email address or other personal contact information, which we will never share or sell with third parties.
- Cookies. When you visit ERISA AdvisorTools, we send one or more cookies to your computer or other device. We use cookies to improve the quality of our services, store user preferences and track user trends.
- Log Information. When you access the services, our server automatically record certain information in an industry-standard way. These logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account. We use logs to improve the quality of our services, debug problems, and track user trends.
- User Communications. Any messages, email or communications that you send to ERISA AdvisorTools may be retained so that we can process your inquiries, respond to your requests or improve the quality of our services. We may use your email address and other personal contact information to communicate with you about our services.
- Affiliated ERISA AdvisorTools services delivered through other sites. Some of our services may be offered through other web sites. Your use of those web sites is subject to their own privacy policies, but if information that you send to those sites is shared with ERISA AdvisorTools in order to deliver the service, we process that information under this Security and Privacy Policy.
- Other sites. This Privacy Policy applies to ERISA AdvisorTools services only. We do not have any control over the web sites offered by our partners, or sites that integrate ERISA AdvisorTools services. Those sites are governed by their own privacy policies, which you should read before using them.
ERISA AdvisorTools processes personal information on our servers in the United States of America, and may do so in other countries. In some cases, we may process personal information outside your own country.
Information Sharing
ERISA AdvisorTools only shares personal information with other companies or individuals outside of our company in the following limited circumstances:
- We have your consent. We require opt-in consent for the sharing of any confidential personal
information. This consent can include, but is not limited to, when you choose to integrate ERISA
AdvisorTools services with your advisory network or custodian's data feed or other third party software
or services.
- Your use of ERISA AdvisorTools constitutes your consent to ERISA AdvisorTools sharing
information with broker dealers or registered investment advisors with which you are registered. In
addition, your use of ERISA AdvisorTools constitutes your consent to ERISA AdvisorTools sharing
information of the type included on ERISA Form 5500 with mutual fund issuers, including: (i) plan name;
(ii) plan advisor name; and (iii) information on the mutual funds of such issuer used by the applicable plan.
- We may provide certain anonymous statistical information about our users to third parties. This
information will not identify you personally or contain any personally identifiable information about your
customers. For example, we may report to certain mutual fund issuers regarding the number of our users
that sell their particular fund(s), or the aggregate or average value of assets under management of our
users with respect to a particular fund or other investment.
- You are an enterprise customer or partner, have contributed confidential holdings or securities
data to the ERISA AdvisorTools network, and have provided a mapping of your advisor's rep codes or other
identifiers to their email addresses. In that case, we will only share that advisor's confidential data with
their own ERISA AdvisorTools account or license.
- We may, but as of this writing do not, provide such information to our subsidiaries, affiliated
companies or other trusted businesses or persons, solely for the purpose of processing that information
on our behalf. We require that these parties agree to process such information based on our instructions,
in compliance with this Privacy Policy, and utilizing similar confidentiality and security measures.
- We have a good faith belief that access, use, preservation or disclosure of such information is
reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable
governmental request, (b) enforce applicable Terms of Service, including investigation of potential
violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d)
protect against harm to the rights, property or safety of ERISA AdvisorTools, its users or the public as
required or permitted by law. If ERISA AdvisorToolsis ordered by a legal process or government to provide
data about one or more individual users, we will notify those users of our compliance with that order, to
the extent permitted by law.
- If ERISA AdvisorTools becomes involved in a merger, acquisition, or any form of sale of some or
all of its assets, we will ensure the confidentiality of any personal information involved in such transactions
and provide notice before personal information is transferred and becomes subject to a different privacy
policy.
Information Security
We take appropriate security measures to protect against unauthorized access to or unauthorized
alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage
and processing practices and security measures, including appropriate encryption and physical security
measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to only the ERISA AdvisorTools employees, contractors and
agents who need to know that information in order to process it on our behalf. These individuals are
bound by confidentiality obligations and may be subject to discipline, including termination and criminal
prosecution, if they fail to meet these obligations.
Treatment of Your Information Upon Termination
Upon the termination of your account, you will no longer have access to the information you previously
submitted to ERISA AdvisorTools. Because of the way we maintain our services to protect the integrity of
all data, your data may remain in our backup systems. All use of your retained data will remain subject to
the terms of this Privacy Policy.
Changes to this Privacy Policy
Please note that this Privacy Policy may change from time to time. We will not materially reduce your
rights under this Privacy Policy without your explicit consent. We will post any Privacy Policy changes at
www.ERISAadvisorTools.com and, if the changes are significant in our judgment, we will provide an email
notification of Privacy Policy changes. If you have any questions about our privacy policy, please contact
us at contact@ERISAadvisorTools.com.
Want to report a security concern?
Please visit our security response page, or email us at contact@ERISAadvisorTools.com.