Terms and Conditions
Please read all these provisions ("Terms") carefully before using this website. Using this website indicates your agreement and acceptance of these Terms. If you do not accept these Terms, do not use this website or download materials from this site.
The Site and its Use
The Fiduciary SafeHarbor website is owned and provided by Fiduciary SafeHarbor, LLC. For purposes herein Fiduciary SafeHarbor, LLC is referred to as "FSH" and the website is referred to as the "Site."
The Site assists retirement plan sponsors /fiduciaries in creating documentation regarding fiduciary evaluations of the completeness of service provider 408(b) 2 disclosure statements and reasonableness of fees and conflicts of interest described in those statements ("Documents")
"Licensees" pay FSH for the right to use the Site to create Documents. Licensees can authorize "Sub-Licensees" to use the Site to create documents. Licensees and or Sub-Licensees are referred to herein as "You".
As a condition of its use of the Site, You warrant to FSH that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with anyone else's use and enjoyment of the Site.
Only Licensees and Sub-Licensees have permission to create Documents. Sub-Licensees can create Documents related to retirement plans they sponsor, but they are not permitted to create Documents related to retirement plans they do not sponsor.
You may re-enter the Site to edit or re-download your Documents any number of times without counting as another Document and without incurring additional charges as long as the Licensee is licensed by FSH to use the Site and the Sub-licensee is authorized by its Licensee to use the Site.
Documents vary depending on data entered on the Site and Documents cannot fit every circumstance. You agree to seek the advice of an attorney before using any Document created on the Site.
FSH exclusively owns all right, title and interest in the content of the Site. The Site contains information and material including but not limited to text, software, photos, video, graphics and audio, (collectively "Materials") which are derived in whole or in part from information and materials supplied by FSH and other sources, and are protected by international copyright, trademark and all other applicable intellectual property rights and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. FSH owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Fiduciary SafeHarbor.com™ is a trademark of FSH. The names of actual companies and products mentioned herein may be trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that Licensees and Sub-Licensees may download Documents as described herein.
Licensee's payment for Documents is not a transfer of title in the Materials. You acknowledge that by using the Site You do not acquire any license, ownership or other rights to the Materials other than your Documents. You may not obtain or attempt to obtain any Materials or information from the Site through any means not intentionally made available or provided for by the Site.
You may not sell, display, publish, distribute, transfer, retransmit, reproduce or otherwise provide access to the Site or any portion of its content except under the conditions of these Terms without the express written consent of FSH.
Information on the Site and use of the Site are not intended to provide legal, financial, insurance, tax, accounting, or investment advice. Information on the Site and use of the Site does not constitute legal, financial, insurance, tax, accounting, or investment advice.
Neither the Site, FSH, nor any of its affiliates, employees, officers, directors, members, representatives or agents neither solicits nor provides investments, securities, insurance products, or investment advice to Licensees of the Site or Licensees's Sub-licensees.
Information on the Site and use of the Site are not a substitute for the advice of an attorney, are not intended to create an attorney-client relationship, and do not create an attorney-client relationship. You agree to consult an attorney before using any documents generated by the Site. FSH is not a law firm, does not practice law. Employees of FSH or the Site are not acting as Licensee's or Sub-Licensee's attorney.
You agree that services provided by FSH are solely ministerial in nature and purpose. By using the Site You agree that neither the Site, FSH, nor any of its affiliates, employees, officers, directors, members, representatives or agents has any aithority or responsibility for Your retirement plans, nor shall be deemed to be a fiduciary of any Retirement Plan as defined in the Employee Retirement and Income Security Act of 1974 (ERISA).
You agree that in providing its services on the Site, FSH shall be held to the standard of ordinary care of a reasonable supplier of online documentation assistance and that FSH is responsible for material breaches only. You agree that occasional technical or clerical errors by FSH or the Site shall not be deemed to constitute failure to exercise ordinary care and do not constitute a material breach.
By entering data on the Site You warrant and represent that You own or otherwise have all rights necessary for You to enter such data and create Documents. You grant FSH and its affiliated companies permission to use data entered on the Site in connection with the operation of the Site, including the rights to statistical data derived from the information entered.
The Site may contain links to other websites ("Linked Sites"). Linked Sites are not under the control of FSH and FSH is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FSH is not responsible for webcasting or any other form of transmission received from any Linked Site. FSH provides such links only as a convenience, and the inclusion of any link does not imply endorsement by FSH of the site or any association with its operators. You agree that FSH is not responsible for and does not control those websites and services. Furthermore, links do not imply that FSH is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of FSH.
FSH is not responsible for any loss, injury, claim, liability, or damage related to Licensee's or Sub-Licensee's use of the Site or any site linked to it, whether from errors or omissions in the content of the Site nor any other linked sites, from the site being down or from any other use of the Site.
Anyone linking to FSH's Site must comply with FSH's guidelines for linking to FSH's Site and all applicable laws.
Limitation of Liability
Under no circumstances will FSH, its suppliers or other third parties mentioned, or involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the Site, any websites linked to the Site, or any materials contained at any or all such sites (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to other websites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not FSH was advised of the possibility of such damages.
FSH shall have no liability or responsibility for any acts, omissions, or conduct of any user of the Site or third party. FSH's obligations and responsibilities regarding its services are governed solely by FSH's terms and conditions of sale or license under which such services are sold or licensed. Copies of such terms and conditions are available to Licensees.
You agree that FSH shall not be responsible for delays or failures in the performance of its duties hereunder that are caused by or which result from circumstances beyond its control. By way of illustration, circumstances beyond its control include but are not limited to: acts of God, any act of any governmental or municipal body acting either in its sovereign, regulatory or contractual capacity, acts of labor unions, acts of a public enemy, including war or terror or public crime, freight embargoes, casualty, fires, floods, winds, storm, snow, ice, epidemic, quarantine restrictions, computer viruses, equipment malfunction, software or hardware failure, communication line failure, or acts or omissions by Licensee or Sub-Licensee.
FSH reserves the right, in its sole discretion, to change the Terms, conditions, and notices under which the Site is offered at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, FSH is under no obligation to update Materials.
FSH may also make changes in the products, services, programs, or prices described in the Site at any time without notice. Your continued use of the Site after any change FSH makes to the Site will be considered acceptance of those changes.
You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
FSH reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, entered on the Site in FSH's sole discretion.