1. ‘You’ refers to you, the signer of this Agreement, when you are using the Website for your own account, and to the Credit Union, CUSO, or other organization (referred to henceforth as ‘ORGANIZATION’) on whose behalf you are acting, when you are acting on behalf of an ORGANIZATION in using the Website. Where you use the Website in both capacities, your acceptance of the terms and condition of this Agreement are binding on both you and the ORGANIZATION(s) on whose behalf you purport to act. ‘We’, ‘Us’, and ‘CPI’ refer to CPI Qualified Plan Consultants, Inc., its ultimate parent company, CUNA Mutual Holding Company, and all entities directly or indirectly, jointly or individually, owned or controlled by CUNA Mutual Holding Company (the “CUNA Mutual Group”).
3. You may not transfer, sell, or otherwise assign Your rights or obligations under this Agreement.
4. Either of us may terminate Your access to and use of the Website at any time for any reason or for no reason by the sending a notice to the other party.
6. This Website (including, but not limited to text, photographs, graphics, video and audio content) is owned by Us or our licensors and is protected by copyright as a compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this Website are also copyrighted works of CPI and/or the CUNA Mutual Group. You must abide by all copyright notices and restrictions contained in this Website.
• Except for content You have posted on the Website, You may not copy, reproduce, distribute, publish, display, perform, modify, or create derivative works, except that You may download material from this Website for Your own use as follows: You may make one machine readable copy and/or one print copy that is limited to occasional items of individual interest only. You may not remove or amend any trademark, copyright or other proprietary notice. Without limiting the generality of the foregoing, You may not distribute any part of this Website over any network, nor sell or offer it for sale. We reserve all rights that are not specifically granted to You.
• This Website has been specially designed for presentation of content in a unique format and appearance to our users. You are expressly prohibited from presenting the Website in a setting created by You or a third party (e.g., through framing), particularly (but not exclusively) where that setting includes advertising or other materials that We have not authorized to be displayed with the Website.
7. You agree not to reverse engineer, decompile, or disassemble the underlying technology of the Website and except as permitted hereunder, use, disclose or divulge to others any data or information relating to the Website and/or the technology, ideas, concepts, know-how and techniques embodied therein.
8. All content and functionality displayed, provided, reproduced, or distributed by Us on the Website are for information purposes only and are no substitute for specific advice.
9. Where We provide hypertext links to third party sites, We do so for information purposes only and such links are not endorsements by Us of any products or services in such sites and We accept no liability for Your use of the same.
11. You will be responsible for all charges and obligations incurred, and liabilities for harm caused, and for all actions taken, through Your account(s).
12. You agree to indemnify and hold Us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from use of this Website through Your accounts, including, but not limited to, any violation of this agreement by You or any other person using Your account, or the failure to fulfill any obligations relating to anyone’s use of Your account.
13. Should there be any dispute between us, unless it is governed by another arbitration agreement between You and Us, said dispute shall be settled by arbitration, under the Rules of the American Arbitration Association, before a panel of three arbitrators, selected according to those rules, in Dane County, State of Wisconsin. Note that: (a) the Arbitration decision is final and binding on the parties. (b.) The parties are waiving their right to seek remedies in court, including the right to jury trial. (c.) Pre-arbitration discovery will be governed by the applicable Arbitration Rules. (d.) The arbitrators’ decision may not include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited. (e.) The panel of arbitrators may include arbitrators who were or are affiliated with the financial services industry. (f.) Judgment upon an award rendered may be entered in any appropriate court.
15. THIS WEBSITE AND ALL SOFTWARE AND SYSTEMS USED OR PROVIDED AS PART OF THIS WEBSITE ARE PROVIDED “AS IS,” ON AN “AS AVAILABLE” BASIS. WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE CONTENT, FUNCTIONALITY, OR MATERIALS PROVIDED BY US HEREUNDER, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ANY WARRANTY REGARDING OWNERSHIP, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
16. To the fullest extent permitted by applicable laws, We disclaim liability, and You agree that We are not liable, for any losses and expenses of whatever nature and howsoever arising out of Your use of the Website or any website with which it is linked, including without limitation any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if We have been advised of the possibility of such damages or losses. You assume total responsibility for establishing such procedures for data back up and virus checking as You consider necessary. In no event shall the aggregate liability of Us, our Licensors, employees or agents to You, or any other party (including liability for any indemnity obligation, breach of warranty, negligence, strict liability in tort, or otherwise, regardless of the form of action or the theory of relief), exceed, in the aggregate, the average monthly charges actually paid by You to Us over the preceding three (3) months, through transactions conducted through the Website out of which any asserted claim with respect to the Website arises. No action, regardless of form, arising out of the transactions under this agreement may be brought by You more than twelve (12) months after the cause of action first arose.
17. You and We agree, pursuant to the E-Sign Act, to treat email replies from You and from Us, and other electronic signals of assent from You and from Us, as binding expressions of assent by You and by Us to contracts. In particular, but not in limitation of the foregoing, by clicking on the “Agreed to” button below, You and We agree that this agreement, any agreement to delegate authority, and any other assent to be bound by an agreement between us may be submitted by email or by other electronic means, and will be deemed to be signed and executed electronically in accordance with the Electronic Signatures in Global and National Commerce Act, as it may be amended from time to time (the ‘E-Sign Act’) without Your manual signature. The parties agree that such contracts will be governed by the E-Sign Act, notwithstanding any state law that may be in effect (e.g., the Uniform Electronic Transactions Act as adopted in any state will not govern these contracts). Notice to You may be given through email or other writing to You or Your Security Administrator (where applicable). Notice to Us may be given by email or other writing to our Website Administrator.