By visiting FinancialWellness.com (“Site”), creating an account, and/or using the financial wellness tools and services offered through the Site (“Service”), you agree to the terms of this agreement. This agreement is subject to change at any time by the provider of the service, The Lampo Group, LLC.
THE SITE, ITS CONTENT, AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SITE OR PROVIDED THROUGH ANY OF OUR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF OUR SITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE OR SERVICE IS AT YOUR SOLE RISK.
YOU UNDERSTAND THAT THE OPINIONS OR RESULTS PROVIDED ARE BASED SOLELY UPON INFORMATION PUBLICLY AVAILABLE OR OTHERWISE SUBMITTED BY THE USER THROUGH THE SITE. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON OUR SITE OR OF THE SERVICE, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
Your right to access and use our Site and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Site for lawful purposes. The content of this Site and our services are 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. Our services are most effective when accurate information is supplied. You must provide true, accurate, current, and complete information about your accounts maintained at other web sites. Your access and use of our Site may be interrupted from time to time for any of several reasons, including without limitation the malfunction of equipment, periodic updating, maintenance or repair of our Site, 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 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 identify you without your explicit permission.
In your use of the Service and Site, 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, or monitor the Service 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 (such as Internet Explorer, Safari, Firefox, Chrome, or Opera);
- Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of our Site or the Service; or
- Attempt to decipher, decompile, copy, reproduce, disassemble, or reverse engineer any of the content, software, video, or audio components composing in any way a part of our Site or the Service.
For information about how we protect your personal information and data, please review our Privacy and Security Policy (https://www.financialwellness.com/privacy-policy), which is incorporated into this Agreement. The Policy may be updated from time to time at our sole discretion. Any changes are effective upon posting to the Site. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through use of the Service, may be used by us or our third-party vendors, including but not limited to plan sponsors or other fiduciaries, to conduct certain analytical research and evaluation of retirement plans. From time to time, we or such third parties may use summary or aggregate results relating to metrics composed of research data and distribute or license such anonymous, aggregated research data for any purpose. Other than as stated herein, your personal financial or personally identifiable information will NOT be shared with or sold to third parties.
Not a Financial Planner, Broker, or Tax Advisor
The Service provided through the Site is intended as an educational tool, not professional advice. The tools and services on the Site do not provide any professional advice or opinions, nor does the Site take into account individual investment objectives, financial situation, or needs. The Site is not intended as a substitute for fiduciary or professional advice, opinion, or evaluation of any retirement plan or company. Before acting on any information you gather from our Site, you should consider do so only with the assistance of a professional.
THE LAMPO GROUP, LLC, ITS AFFILIATES, THE SITE, AND THE SERVICE DO NOT PROVIDE LEGAL, TAX, ACCOUNTING, OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER, BROKER, FIDUCIARY, OR TAX ADVISOR. THE LAMPO GROUP, LLC IS NOT A PLAN FIDUCIARY. Our service, communications with our team, and this Site are intended only to assist in educating users on general financial wellness topics and general retirement plan information. Scores, analysis, assessments, or opinions generated through our Site and Service are for illustrative purposes only and are not intended to be relied upon in professional or fiduciary decision-making. Your plan and its participants’ situations are unique and fact-dependent. Thus, any information and opinions obtained through our services or this Site may not be appropriate for your particular situation. Accordingly, before making any final decisions or implementing any strategy, you should consider obtaining additional information and advice from 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, THE CONTENT YOU SUPPLY, AND YOUR USE OF OUR SERVICES AND SITES. YOU ACKNOWLEDGE THAT THE SERVICE, THE LAMPO GROUP, LLC, ITS AFFILIATES, AND ITS EMPLOYEES ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR PROFESSIONAL ADVICE. OUR SERVICES ARE OFFERED TO ASSIST YOU IN BASIC EDUCATION AND INFORMATION REGARDING FINANCIAL WELLNESS AS DESCRIBED HEREIN.
NEITHER THE LAMPO GROUP, LLC, ITS AFFILIATES, AGENTS, EMPLOYEES, NOR ANY THIRD-PARTY VENDOR, INCLUDING ANY THIRD-PARTY MARKETER OR PROMOTER OF THE SERVICES UNDER WRITTEN CONTRACT WITH THE LAMPO GROUP, LLC (COLLECTIVELY “THE LAMPO PARTIES”) 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 APPLICABLE LAW, THE LAMPO PARTIES ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, 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, 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; (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 SERVICE AND ITS USE. IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST US OR ANY OF THE LAMPO PARTIES MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
THE MAXIMUM AMOUNT TO WHICH THE LAMPO PARTIES MAY BE LIABLE TO YOU IN ANY CIRCUMSTANCE SHALL NOT EXCEED THE LESSER OF (A) THE FEES PAID BY YOU IN THE PRECEDING TWELVE (12) MONTHS FOR OUR SERVICE THROUGH FINANCIALWELLNESS.COM OR (B) FIVE HUNDRED DOLLARS ($500.00).
You agree to indemnify and hold The Lampo Parties harmless from any and all claims, liability, and expenses, including reasonable attorneys' fees and costs, arising out of your use of this Site, use of our 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 Service and our Site, including 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 other laws. The contents of our Site belong or are licensed to us or its software or content suppliers. We grant you the right to view and use the Service subject to these terms. 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 in whole or in part for any other purpose is expressly prohibited without our prior written consent. All rights not granted are exclusively reserved by us. This is not a transfer of ownership in any intellectual property owned 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 provisions. 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 Service, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our Site. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
This Agreement will remain in effect until terminated by either you or us as set out below. If you want to terminate your agreement with us, you may do so by closing your account for the Service.
We may at any time terminate our agreement and/or the Service 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 as part of your Registration Information.
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 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 the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersedes all other previous agreements.
This agreement contains the entire agreement between the Site visitor or Service user and The Lampo Group, LLC. regarding the use of the service, and supersedes all prior written and oral understandings and writings. By using our services, you warrant and represent that you are competent to enter this binding agreement.