Terms of Use

Acceptance of Terms

 

Retirement Clearinghouse, LLC. provides this Website ("Website") to you, subject to the following Terms of Use, which may be updated by us from time to time. This Website provides you with access to online Rollover IRA services and products provided by various financial institutions ("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 ("Terms of Use Agreement"). 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 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 CONSTITUTE 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 at least 18 years of age and reside in the United States. 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 Retirement Clearinghouse has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Retirement Clearinghouse, 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 Retirement Clearinghouse will not be liable to you or any third party if Retirement Clearinghouse suspends or terminates your access to the Services or Content for any reason.

A Notice Regarding Indirect Rollovers
IF YOU RECEIVED A DISTRIBUTION CHECK THAT IS DATED MORE THAN 40 DAYS AGO FROM YOUR FORMER401(k) CUSTODIAN, WE STRONGLY RECOMMEND AGAINST USING OUR SERVICE. INSTEAD, YOU SHOULD GO DIRECTLY TO A FINANCIAL INSTITUTION, OPEN AN ACCOUNT AS SOON AS POSSIBLE AND DEPOSIT YOUR CHECK IN THE NEW ACCOUNT.

Your initial Investment with a Financial Institution
The money in your 401(k) plan will be reinvested in a money market fund with your selected financial institution. Once your account has been established and your assets have been transferred to your new Rollover IRA, you should contact your financial institution representative to obtain more advice and guidance regarding diversification of your IRA assets.

Password/User Name Protection and Use
You will receive a password and user name upon completing Step One of the Retirement Clearinghouse Rollover Form. You may provide your password and user name only to persons who you obligate to comply with this Terms of Use Agreement. 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 Retirement Clearinghouse 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. Retirement Clearinghouse 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 Retirement Clearinghouse 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 Retirement Clearinghouse and is protected by US 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 Retirement Clearinghouse or the third party suppliers.

Trademarks
You acknowledge that Retirement Clearinghouse, the Retirement Clearinghouse logo, all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Retirement Clearinghouse 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 Retirement Clearinghouse.

Proprietary Software
All software used in connection with this Website ("Software") is the property of Retirement Clearinghouse or its suppliers and is protected by US 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. Further, you agree not to access the Services or Content by any means other than the interface provided by Retirement Clearinghouse for your use in accessing the Services and Content.

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. Retirement Clearinghouse reserves the right to change the configuration at any time, so you are encouraged to review this Terms of Use Agreement regularly.

No Retirement Clearinghouse Editorial Control of Third Party Content; No Statement as to Accuracy
You agree that, as some of the Content included in the Website is provided by third party content providers, Retirement Clearinghouse has no editorial control or responsibility over Content or other information provided by third parties. Therefore, any opinions, statements, products, services, offers, promotions or other information expressed or made available by third party suppliers on this Website are those of such third party suppliers. Retirement Clearinghouse does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party. Retirement Clearinghouse 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 Retirement Clearinghouse.

Not a Financial Institution; Not Making Recommendations; Use Your Own Judgment; No Guarantee, etc.
Retirement Clearinghouse is not a financial institution and does not issue, manage, offer or record keep any Rollover IRA products or services. Retirement Clearinghouse does not endorse or recommend the products of any particular financial institution on Retirement Clearinghouse.com or any other venue in which the Retirement Clearinghouse software may be accessed. Retirement Clearinghouse is not an agent of either you, the User, or any participating financial institution. Retirement Clearinghouse' services are administrative and consultative only. You should rely on your own judgment in deciding which financial institution and that institution’s products and services best suit your needs. The financial institution is solely responsible for its products and services to you, and you agree that Retirement Clearinghouse shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services.

Retirement Clearinghouse does not guarantee acceptance by any particular financial institution or specific offer terms or conditions from any participating financial institution; Individual Retirement Account approval standards are established and maintained solely by individual financial institutions. Likewise, Retirement Clearinghouse does not guarantee that the products and promotions offered and made available by participating financial institutions through this Website are the best available in the market. Nothing contained herein shall constitute an offer or promise for an IRA or specific rate of return. Retirement Clearinghouse a free service to you, the User. However, Retirement Clearinghouse is paid a fee by participating financial institutions for the goods, facilities and services provided. Your use of this Website constitutes your agreement with this compensation arrangement.

Links to Third Party websites
This Website may provide links to other websites that are not under the control of or maintained by Retirement Clearinghouse. You acknowledge and agree that Retirement Clearinghouse 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 Retirement Clearinghouse 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 Retirement Clearinghouse' Privacy Policy. You consent to the uses of data that are consistent with the Privacy Policy.

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

Disclaimer
Information contained on this Website has been prepared by Retirement Clearinghouse as a convenience to its users and is not intended to constitute advice upon which a user may rely. Retirement Clearinghouse 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 Retirement Clearinghouse. Users relying on information from this Website do so at their own risk.

Retirement Clearinghouse may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model "what-if" scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the 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. Retirement Clearinghouse makes no warranty regarding the accuracy of such calculators available for use on this Website.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THIS Website, THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. Retirement Clearinghouse 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. Retirement Clearinghouse 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 Retirement Clearinghouse 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 Retirement Clearinghouse 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 Retirement Clearinghouse 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.

General Provisions

Entire Agreement
This Terms of Use Agreement, the Privacy Policy, and other policies Retirement Clearinghouse may post constitute the entire agreement between Retirement Clearinghouse and you in connection with your use of this Website and the Content and supercedes any prior agreements between Retirement Clearinghouse and you including prior versions of the Terms of Use Agreement. Retirement Clearinghouse may update this Terms of Use Agreement 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 Retirement Clearinghouse, at any time without notice. In the event of terminated, the disclaimers and limitations of liabilities set forth in the Terms of Use Agreement will survive. 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.

Rollover Application Governed by Separate Agreement
The terms and conditions governing your Rollover Application that is submitted to the financial institution that you selected shall be governed by a separate agreement duly executed between you and the particular financial institution.

Age and Location of User
All information and content available on this Website are solely directed to individuals 18 years of age or older residing in the United States. Retirement Clearinghouse 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
The Terms of Use are governed by the laws of the State of North Carolina, USA and controlling United States Federal Law without regard to the conflicts of law provisions. You agree that any action to enforce the Terms of Use will be brought in the federal or state courts located in Charlotte, North Carolina. 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 AGREEMENT FOR YOUR RECORDS.

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