TERMS OF USE

ERISA Corporation Online Services Agreement

Use of this site is subject to the following terms and conditions. In continuing to access or use this site, you agree to be bound by the terms and conditions applicable to this agreement.

SCOPE OF THE ERISA CORPORATION ONLINE SERVICES AGREEMENT

ERISA Corporation (“ERISA”, “we” or “us”) operates the ERISA Services, either alone or in conjunction with its affiliates. The ERISA Corporation Online Services Agreement applies to ERISA Corporation’s websites, other electronic channels, electronic content, services and tools. This includes investment tools, and other services as well as any features or content we may add in the future. We refer to all of the above as “ERISA Services.” This Agreement applies to all ERISA Services regardless of the means by which you access such ERISA Services. ERISA Services may be offered on the erisa.com domain as well as on other Internet domains operated by our agents or alliance partners. In addition, ERISA Services may be available through other computer, telephonic, e-mail or wireless services or systems, and any other computer, telephonic or wireless service or information system ERISA makes available to you, including predecessors or successors to the systems described above.

CALCULATIONS & PROJECTIONS

The retirement calculation uses the retirement year to select the appropriate corresponding asset allocation. The asset allocation shifts over time, with a larger portion of assets assumed to be invested in fixed income securities as the retirement year approaches.

These assumptions are used to compute expected future wealth assuming a lognormal distribution of returns. The lognormal distribution is a standard statistical distribution used to represent outcomes from a random process and is commonly used to represent the distribution of returns. Estimated future wealth is divided by the estimated cost of $1 of inflation-adjusted income for the length of the withdrawal period.

Using this methodology, we calculate two estimated distributions of income, one from a user’s current account balance and the other from future contributions. The estimated retirement income projection from the current balance is the expected income from a user’s current account balance (meaning no additional future contributions are considered). The estimated retirement income projection from future contributions are the expected income from future savings until retirement. It considers the total annual contribution and assumes the same amount is contributed each year until retirement.

The total value of the estimated retirement income projection is the sum of the estimated retirement income projections from the current balance and future contributions. Taxes, penalties, and other fees or expenses that may be due upon withdrawal are not considered. The estimate is presented in today’s dollars. For years past the retirement date, contributions are assumed to be zero, and the total projected retirement income shown represents the income that can be expected from a user’s current account balance over the remaining withdrawal period.

Prior to the retirement year, the default withdrawal period is 30 years (assuming a retirement age of 65) and can be adjusted by the user. After the retirement year, the default withdrawal period is 30 years minus the number of years since the retirement year and can be adjusted by the user. If the user adjusts the withdrawal period, the estimated retirement income projection is proportionally adjusted to account for the new number of withdrawals. If a retirement age of younger than 65 is entered, the default withdrawal period is 30 years plus the number of years until 65.

No representation or warranty is made as to the reasonableness of the assumptions or that all assumptions used in achieving the returns have been stated or fully considered. Changes in the assumptions may have a material impact on the estimated retirement income projections presented.

The assumptions are subject to change as subsequent conditions vary. Assumptions used for the estimated retirement income projections are subject to high levels of uncertainty regarding future economic and market factors that may affect actual future performance. There is no guarantee that these assumptions will be achieved, and actual returns or retirement income could be significantly higher or lower than those shown. These assumptions should not be relied upon as a forecast or prediction of future events, and they should not be construed as guarantees of returns that may be realized in the future from any asset class described herein.

Material Limitations

The illustrative retirement income projections cannot account for the impact that economic, market, and other factors may have on an actual investment portfolio. Unlike actual portfolios, the projections shown do not reflect actual trading, liquidity constraints, fees, expenses, taxes, and other factors that could impact an investor’s realized future returns and retirement income.

The estimated retirement income projections are hypothetical in nature and are not a guarantee of future results. Since past performance is not an accurate predictor of the future and reliance on historical and current data involves inherent limitations, you must understand that the estimates are only a tool to be used in evaluating your retirement portfolio. Actual results will vary.

Investments in stocks and bonds are subject to risk of economic, political, and issuer-specific events that cause the value of these securities to fluctuate. International investments are subject to additional risks such as currency fluctuation, political instability and adverse economic conditions. Fixed income securities are subject to increased loss of principal during periods of rising interest rates and may be subject to various other risks, including changes in credit quality, liquidity, prepayments, and other factors. Inflation-protected securities may react differently from other debt securities to changes in interest rates. All investing involves risk, including possible loss of principal. The estimated retirement income projections presented herein are based on hypothetical investments in global equities, global bonds, and Treasury Inflation-Protected Securities. Other investments not considered may have characteristics similar or superior to those being analyzed.

IMPORTANT: The projections or other information generated are hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results. Results may vary with each use and over time. Actual retirement incomes may vary significantly. Past performance is no guarantee of future results. Strategies may not be successful.

INVESTMENT ADVICE OR RECOMMENDATIONS

The ERISA Corporation, and its affiliates, content (including Market Information) are for information, education, and general estimation purposes only. Although ERISA Corporation may provide information relating to investment approaches and opportunities to buy or sell securities through it’s investment adviser affiliate, ERISA Advisers, Inc., you should not construe any Market Information, features, tools or other content available through any ERISA Corporation or affiliate as legal, tax, investment, financial or other advice unless you have a specific, valid Investment Advisory Agreement contract with ERISA Advisers, Inc. Nothing contained in any ERISA Corporation or affiliate, or any other content on our Web site constitutes a solicitation, recommendation, endorsement, or offer by ERISA Corporation or a third-party service provider to buy or sell any securities or other financial instruments.  Any investment commentary is published on any ERISA Corporation site is considered to be published by ERISA Advisers, Inc., a state-registered investment adviser in Tennessee, and does not constitute an offer, solicitation, or advice to buy or sell securities in jurisdictions where ERISA Advisers, Inc. is not registered.  View ERISA Advisers’s Form ADV Part 2 for more information about the firm’s investment services.

You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any service before making any decisions based on market Information or content contained in a service. In exchange for using ERISA Corporation or its affiliates’ services, you agree not to hold ERISA Corporation or its affiliates liable for any possible claim for damages arising from any decision you make based on information made available to you through any service or website.

DISCLAIMERS OF WARRANTIES

ALTHOUGH ERISA CORPORATION AND ITS AFFILIATES (ERISA) TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. ERISA RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED IS PROVIDED “AS IS” AND “AS AVAILABLE.” ERISA DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE SERVICE. ERISA PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ERISA EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE ERISA SERVICES. ERISA MAY CHANGE INFORMATION CONTAINED IN THE ERISA SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE ERISA SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE ERISA SERVICES.

FURTHER, ERISA MAKES NO WARRANTIES REGARDING THE ERISA SERVICES. ERISA AND ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ERISA SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ERISA OR THROUGH OR FROM THE ERISA SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY AND INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD ERISA AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD-PARTY SERVICE PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING ATTORNEYS’ FEES, MADE BY ANY PERSON ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY OTHER PERSON’S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ERISA OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY ERISA SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL ERISA OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF A ERISA SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY ERISA. ERISA AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF ERISA OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ERISA SERVICES; (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (iii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ERISA SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE ERISA SERVICES; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE ERISA SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD ERISA RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS) IN CONNECTION WITH THE ERISA SERVICES.

Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of ERISA and its third-party providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.

In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail, then you expressly agree that under no circumstances will the total, aggregate liability of ERISA and its third-party providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever, exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

RESTRICTIONS ON USE

Except as otherwise permitted by ERISA, no materials from the ERISA Services or any site owned, operated, licensed or controlled by ERISA may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the ERISA Services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the ERISA Services for public or commercial purposes, including any text, images, audio, or video without ERISAs written permission.

TRADEMARKS AND COPYRIGHTS

The ERISA Services are owned by ERISA Corporation or its affiliates or agents (including the Third Party Service Providers) and are protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to ERISA or its affiliates, licensors or agents (including the Third Party Service Providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with ERISA. Nothing contained in the ERISA Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the ERISA Services without the written permission of ERISA or such third party that may own the trademarks displayed on the ERISA Services. Your use of the trademarks displayed on the ERISA Services, or any other content in the ERISA Services, except as provided herein, is strictly prohibited.

Images displayed through the ERISA Services are either the property of, or used with permission by, ERISA. You are prohibited from using or authorizing the use of these images unless specifically permitted under the SOSA. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act.

MODIFICATIONS, SUSPENSIONS AND TERMINATIONS OF ERISA SERVICES

ERISA reserves the right to modify or discontinue, temporarily or permanently, a ERISA Service (or any part thereof) with or without notice. You agree that ERISA will not be liable to you or to any third party for any modification, suspension or discontinuance of an ERISA Service. Please keep in mind that extended periods of inactivity may also result in your enrollment in an ERISA Service being canceled. The license granted under the Agreement will terminate if ERISA believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the ERISA Online Service Agreement and all Rules and Guidelines for each ERISA Service. Upon such violation, you agree to terminate access to the ERISA Services.

GOVERNING LAW

The ERISA Online Service Agreement, and all future agreements you may enter into with ERISA, unless otherwise indicated on such other agreement, will be governed by the law of the state of Tennessee, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with ERISA in Tennessee or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Brentwood, Williamson County, Tennessee. If any part of the ERISA Online Service Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.