Acceptance of Terms and Conditions

Custodia Financial, LLC provides this Website (“website”) to you, a participant in a retirement plan (the “Plan”) under which you are eligible for a loan which is covered by Retirement Loan Eraser under an agreement between Custodia Financial, LLC and the Plan’s sponsor, your use being subject to the following Terms of Use (“Terms of Use”), which may be updated by us from time to time. This website provides you with access to online Retirement Loan Eraser services provided by Custodia Financial, LLC (“Services”) and text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements (“Content”), all of which are subject to the Terms of Use. Unless stated otherwise, any new Services and Content added to this website also will be covered by the Terms of Use Agreement.

YOUR ACCESS TO AND USE OF THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, CUSTODIA FINANCIAL’S AGREEMENT WITH THE PLAN, AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE IS CONDITIONED UPON YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
Your Use of the Services

In order to use the Services, you must be a participant in a retirement plan (the “Plan”) under which you are eligible for a loan which is covered by Retirement Loan Eraser. In consideration of your use of the Services, you agree to provide true, accurate and current information about yourself as prompted by the forms on this website. If any information you provide is untrue, inaccurate or not current, or if Custodia Financial has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Custodia Financial, at its sole discretion, has the right to refuse all current or future access to the Content and use of the Services or suspend or terminate any portion thereof. Further, you agree that Custodia Financial will not be liable to you or any third party if Custodia Financial suspends or terminates your access to the Services or Content for any reason.

Secured Areas

Access to and use of password protected and/or secure areas of the website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to prosecution.

Password/User Name Protection and Use

You will use an existing user name and will create a password upon initial login to this website. You may provide your password and user name only to persons who you obligate to comply with these Terms of Use. You are responsible for maintaining the confidentiality of your password and user name and are fully responsible for all activities using your password or user name. You agree to (a) immediately notify Custodia Financial of any unauthorized use of your password or your user name or any other breach of security, and (b) exit from your account at the end of each session. Custodia Financial cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Copyright

You acknowledge and agree that all Content is the copyrighted work of Custodia Financial or third party content suppliers and is protected by US and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of Custodia Financial and is protected by U.S. and international copyright laws.

If you download anything from this website, you must keep all copyright and other notices (e.g., trademark, patent, etc.) intact. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or other content obtained from this Website without the prior written authorization of Custodia Financial or the third party suppliers.

Trademarks

You acknowledge that Custodia Financial, the Custodia Financial logo, all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Custodia Financial and that all other trademarks, product names, company names or logos on the website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of Custodia Financial.

Proprietary Software

All software used in connection with this website (“Software”) is the property of Custodia Financial or its suppliers and is protected by U.S. patent and copyright laws and international treaties. Any use of the Software other than as required to navigate and to utilize the functionality offered through this website is prohibited. You agree not to copy, distribute, publicly display, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software.

You agree not to engage in any of the following:

  • 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 Website or any portion of the website, without Custodia Financial’s express written consent, which may be withheld at Custodia Financial’s 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 the website, other than the search engines and search agents available through the Website and other than generally available third party web browsers (such as Microsoft Explorer).
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the website.
Connection Requirements

You are responsible for providing and maintaining, at your own option and expense, all hardware, software and communication lines required to access and use this Website. Custodia Financial reserves the right to change the configuration at any time, so you are encouraged to review this Terms of Use Agreement regularly.

Browser Support

Custodia Financial supports the two latest versions of the following web browsers: Chrome, Internet Explorer, Firefox and Safari. Due to the rapidly evolving nature of web technology, we cannot guarantee the accuracy or functionality of any information displayed on this website when viewed in an unsupported browser.

No Custodia Financial Editorial Control of Third Party Content; No Statement as to Accuracy

You agree that, as some of the Content included in the website may be provided by third party content providers, Custodia Financial has no editorial control or responsibility over Content or other information provided by third parties including the Plan. Therefore, any opinions, statements, products, services, offers, promotions or other information expressed or made available by third parties on this website are those of such third party. Custodia Financial does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, including any information about the Plan provided by the Plan. Custodia Financial neither warrants nor represents that your use of the Content displayed on this website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Custodia Financial.

Links to Third Party websites

This website may provide links to other websites that are not under the control of or maintained by Custodia Financial, including that of the Plan or Plan service provider. You acknowledge and agree that Custodia Financial is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. You further acknowledge and agree that Custodia Financial will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website.

Privacy Policy

Click here to review the Custodia Financial Privacy Policy. You consent to the uses of data that are consistent with the Privacy Policy.

Modifications to Services

Custodia Financial may, at its discretion, modify or discontinue any of the Services or Content or a portion thereof, with or without notice. You agree that Custodia Financial will not be liable to you, the Plan or any third party for any modification or discontinuance of any of the Services or Content.

Telephone Call Monitoring and Recording

Authorized employees or agents of Custodia Financial may monitor and record all or portions of your telephone calls to Custodia Financial for quality control, customer service, employee training, security, legal compliance, and other lawful purposes. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.

Electronic Communications

The website provides you with Custodia Financial email addresses so that you may communicate electronically by sending an email message to Custodia Financial. All email sent to and from Custodia Financial will be received or otherwise recorded by the Custodia Financial corporate email system and is subject to archiving, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the website may involve the electronic transmission, to any email address you provided to us, of information that you may consider to be personal or financial information and you agree and consent to such transmission of such information. You agree not to use email to transmit any confidential personal information. It is your responsibility to update or change your email address, as appropriate.

Disclaimer

Information contained on this website has been prepared by Custodia Financial as a convenience to its users and is not intended to constitute advice upon which a user may rely. Custodia Financial has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this website or any other Website maintained by Custodia Financial other than those representations which have been provided to the Plan. Users relying on information from this Website for purposes other than the Plan’s use of Retirement Loan Eraser do so at their own risk.

Custodia Financial may provide you with planning and educational tools, including calculators. To the extent that such tools and calculators may allow you to model “what-if” scenarios, the results are illustrative and are based on the information and assumptions identified. There is no guarantee that the such results shown are necessarily accurate or will be achieved. In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report. Custodia Financial makes no warranty regarding the accuracy of such calculators available for use on this Website.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED BY CUSTODIA FINANCIAL TO THE PLAN: ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. EXCEPT AS MAY OTHERWISE BE PROVIDED TO THE PLAN CUSTODIA FINANCIAL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTODIA FINANCIAL MAKES NO WARRANTY THAT (I) THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT OR SOFTWARE WILL BE RELIABLE; (III) THE QUALITY OF ANY PRODUCTS ACCESSED, OBTAINED OR PURCHASED THROUGH THE USE OF THE WEBSITE, SERVICES, CONTENT OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT CUSTODIA FINANCIAL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF CUSTODIA FINANCIAL HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICE OR CONTENT.

Indemnity

As a condition of use of this Website, you agree to indemnify Custodia Financial and its suppliers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement and providing false information on this Website.

Entire Agreement

These Terms of Use, the Privacy Policy, and other policies Custodia Financial may post constitute the conditions imposed upon your use of this Website and the Content and supersedes any prior conditions on your use, including prior versions of the Terms of Use. Custodia Financial may update these Terms of Use from time to time by posting revised Terms of Use on this website, without notice to you, and your subsequent use of the Website is governed by those new Terms of Use. The Terms of Use is effective until terminated by Custodia Financial, at any time without notice. The disclaimers and limitations of liabilities set forth in the Terms of Use survive the termination of yours or the Plan’s use of Retirement Loan Eraser. The Terms of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Use, these Terms of Use will control to the extent permitted by law.

Eligibility of User

All information and content available on this website are solely directed to individuals who participate in a Plan under which they are eligible for a loan which is covered by Retirement Loan Eraser. Custodia Financial makes no representation that the content, information, products, or services are available for use outside of the United States. Any use of the services and Content is prohibited where they are not allowed by law.

Governing Law; Jurisdiction; Venue; Severability of Provisions

These Terms of Use are governed by the laws of the State of Texas, USA and controlling United States Federal Law without regard to the conflicts of law provisions. You agree that any action to enforce these Terms of Use will be brought in the federal or state courts located in Dallas, TX. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

PLEASE PRINT AND RETAIN A COPY OF THIS TERMS OF USE FOR YOUR RECORDS.

To our clients and friends in hurricane-impacted areas:

Our thoughts and prayers are with everyone impacted by the storms. Our offices in Texas and Florida are open and business operations are uninterrupted. If you’d like to speak to a RLE representative, please call 844.SAFE.RLE or 214-393.3511.

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