Terms & Conditions of Use

Terms of Use

These Terms and Conditions of Use ("Terms") apply to your use of this website ("Site") and to the information, content, tools, products, services and other materials contained on this Site. By using this Site, you agree to abide by the Terms and any changes to the Terms that may from time to time be posted on the Site. If you do not agree to these Terms, you should not access or use the Site. If you fail to comply with any of the Terms, your access to the Site may be immediately terminated.

General Use Information and Restrictions

All of the information and content on the Site, including, without limitation, all software, functions, graphics, artwork, trademarks, service marks, logos, trade dress and any other rights and materials (collectively referred to as the "Materials") are the exclusive property of and copyrighted work of Digital Retirement Solutions, Inc. and its affiliates (collectively, "DRS") and their third party providers and are protected by intellectual property rights of the United States and other jurisdictions. Except as stated in these Terms, none of the Materials may be copied, downloaded, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying or recording, without the prior express written permission of DRS. No part of this Site may be reproduced or transmitted in any way, or by any means, without the prior written consent of DRS. By accessing and using this Site, you agree not to engage in any conduct that could damage, disable, overburden or gain unauthorized access to the Site, any Materials, systems, networks or accounts related to the Site or otherwise circumvent any access-limiting, user authentication or security device thereof.

Access to certain portions of the Site may require registration and/or the issuance of user authentication credentials, including passwords and other security features. By accessing these portions of the Site, you agree:

  • To comply with all user enrollment and authorization procedures that we may require from time to time.

  • To provide such information as we may request and to update such information as necessary to maintain its completeness and accuracy.

  • That you will be responsible for all instructions, information, data, content, text, photographs, graphics, images, documents and other materials entered through and under your user authentication credentials and neither DRS nor its providers will have any liability therefor.

  • To maintain the confidentiality of all user authentication credentials and to immediately notify DRS of any loss, theft or unauthorized use of such credentials and/or any suspicious or unauthorized activity associated with such credentials.

  • To promptly notify DRS of any errors or omissions in the data or information associated with your user authentication credentials.

By accessing this Site, you consent to the transaction of business and the transmission of information, including personal financial information, by email or other electronic means in connection with the services provided at the Site.

Unauthorized use of DRS' web site and systems, including but not limited to, unauthorized entry into DRS' systems, misuse of passwords, or misuse of any other information is strictly prohibited. You may not use this web site in any manner that could damage, disable, overburden, or impair any DRS site or service or interfere with any other party's use and enjoyment of any DRS site or service. You may not attempt to gain unauthorized access to any DRS site or service, computer systems or networks connected to any DRS site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this web site that are contrary to applicable laws or regulations.

DRS reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this web site and to suspend and/or deny access to this web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and DRS does not undertake any obligation or responsibility to update or amend any such information. DRS may discontinue or change any product or service described in or offered on this web site at any time.

Materials

The Materials are provided for informational and noncommercial purposes only. The Materials may include information related to investment approaches, investment performance and the purchase or sale of investment products, such as mutual funds. You are responsible for evaluating the risks and determining the appropriateness of any such investment product before making any decisions regarding such investment product. Neither DRS nor its providers will have any liability for any damages arising from any decision you make using the Materials made available on the Site. By providing Materials related to investment approaches, investment performance and investment products, neither DRS nor its providers is recommending, endorsing or promoting the purchase or sale of any investment product.

Links and Third Party Content

We permit links from other websites and may permit links to this website. These links are provided as a convenience. The existence of a particular link does not indicate an endorsement by us of the linked site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the content of any liked site or any changes or update to such sites. We make no representations about the accuracy or completeness of information contained on the liked sites and assume no liability for the content or presentation of such sites.

We are not responsible, and assume no liability, for content displayed on this website that may be provided by another party. We are not responsible for the accuracy or completeness of any such content.

Prospectus

Any information on this website about a mutual fund available in your Plan is intended for use with a current prospectus for that fund. You may access the prospectus for any mutual fund from this site or obtain a free paper copy of any prospectus by contacting DRS' Help Desk directly via e-mail at helpdesk@drs401k.com or toll free 1-888-377-4015.

The prospectus for each fund contains more complete information about the fund, including information on its investment objective, policies and risks, and its advisor fees, distribution charges and other expenses. Prior to the execution of any transaction by you involving information you received from this web site, you should carefully read the prospectus and consult with your financial advisor.

Third-Party Content

The Site may contain Materials provided by third parties and links to other websites operated by third parties. The Materials and links are provided for your convenience and DRS does not guarantee the accuracy, completeness, comprehensiveness or currency of any Materials or links. The inclusion of Materials or links to other websites does not imply affiliation, endorsement or adoption by DRS thereof or the contents therein. Your use of any third-party Materials and access to any other websites linked to this Site is at your own risk; DRS will not be liable for any damages arising from the use thereof.

Mobile Applications

DRS may from time to time make available mobile applications ("Apps") to provide user access using wireless and mobile devices. These Terms apply to your access to and use of Apps in the same manner and on the same terms as they apply to your access to and use of the Site.

Operation of Site

This Site is owned and operated in the United States. If you access and use the Site from outside of the United States, you are responsible for compliance with all laws and regulations relating to such access and use, including those of the jurisdiction from which you access this Site. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

No Professional Advice; No Fiduciary Status

This Site and the Materials are intended to provide general information only and are not intended to constitute and should not be considered as legal, investment, accounting or other professional advice. If legal, investment, accounting or other professional advice or assistance is needed, the services of competent, independent legal counsel, investment advisor, accountant or other professional should be sought. You acknowledge and agree that, except as may otherwise be the subject of a separate agreement or as required by applicable law, by making the Site and its functionalities available to you, DRS is not acting as a "fiduciary," within the meaning of the Employee Retirement Income Security Act of 1974, as amended.

Disclaimer of Warranty

The information services on this web site are provided on an "AS IS," "WHERE IS" and "AS AVAILABLE" basis. DRS does not warrant the information or services provided herein or your use of this web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties. DRS will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this web site. Although the information provided to you on this web site is obtained or compiled from sources we believe to be reliable, DRS cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.

Limitation of Liability

DRS, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this web site, or resulting from the act or omission of any other party involved in making this web site, the data contained herein or the products or services offered on this web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of DRS or of any vendor providing software or services.

In no event will DRS or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if DRS or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. DRS cannot and does not guarantee continuous, uninterrupted or secure access to the web site.

DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND EQUIPMENT, OR LOSS OF DATA, THAT MAY RESULT FROM OBTAINING SUCH MATERIALS FROM THIS SITE.

Indemnity

You agree to indemnify, defend and hold harmless DRS and its affiliates, and each of their respective officers, directors, representatives and employees, from and against any and all claims arising out of a violation by you of these Terms.

Severability

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, the remainder of the Terms shall not be affected thereby, and each provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.

Governing Law and Venue

These Terms shall be governed and construed in accordance with the laws of the State of Colorado, without regard to conflicts of law principles. You agree that any claim, dispute, controversy or other matter arising out of your use or access to this Site shall be subject to the exclusive jurisdiction of the federal and state courts located in Boulder County, Colorado and you consent and submit to the personal jurisdiction of those courts for purposes of litigating any such matter.

Modifications and Changes

DRS may periodically modify these Terms, and any modifications will be effective upon posting. DRS reserves the right to change, modify, suspend, temporarily or permanently discontinue, and restrict the use and availability of the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice or liability.

Revised 08/31/2018

©DRS, Inc. 2018. All rights reserved.