Effective date – August 7, 2020
Welcome to ForUsAll. In an increasingly self-directed world, employees need a simpler guide to help them make their own decisions – DAVE can be that guide. Our philosophy is simple: Help people understand their options, then help them make the most of what they have. We believe in simplicity: plain English, commonsense, and bite-sized chunks. Because when people get it, people do it.
Services. ForUsAll will provide general educational content about the Client’s ForUsAll retirement plan, which may include auto enrollment default settings, auto escalation features, and plan sponsor matching information. Clients that elect to customize their retirement plan elections will be required to authenticate themselves, and then will be given the opportunity to opt out, or make any changes from the Plan Sponsor's retirement plan default settings. By authenticating themselves, Clients are electing to have ForUsAll instruct the plan sponsor to enroll the Client in the plan with the elections chosen by the Client or to opt out. Clients whose retirement plans have a designated Qualified Default Investment (“QDIA”) will have their deferrals invested in the age appropriate Target Date Fund or Collective Investment Trust, unless the Client makes specific investment fund elections.ForUsAll may provide the Client with retirement plan advice based on information provided by the Client or Interested 3rd Parties. ForUsAll limits its fund specific retirement plan advice to only include the mutual funds that are available within the Client’s retirement plan. [In some instances, ForUsAll may also provide investment recommendations to clients pertaining to investment accounts outside of their employer sponsored qualified retirement plan account
Client Responsibility. The Client recognizes that the value and usefulness of the services described in this Agreement will be dependent upon information the Client provides ForUsAll or information provided by Interested 3rd Parties. For the purposes of this Agreement, the Client acknowledges that ForUsAll is not engaged in the practice of law, insurance or accounting. Recommendations shall not constitute insurance, legal or tax advice, analysis or opinion.
How we collect non-personal information
General Tracking Information - When you access the Services, we may collect Non-Personal Information from you. "Non-Personal Information" means a data element or collection of data elements that by itself cannot be associated with a specific individual. Non-Personal Information includes by way of example but not limitation, the Internet browser or computer operating system you are using, your IP address or the automatic tracking of the pages of the Services that you access, and data collected on an aggregated, anonymous basis through web server logs and cookie technology (further described below), and clear GIFs. We may automatically collect this information, including your IP address, as you access the Services. We may also collect other information regarding your interactions with the Services.
Cookies - We may utilize a standard technology called “cookies” and web server logs to collect information about how our Module is used. A cookie is a very small text file, which often includes an anonymous unique identifier. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent using the Services, and the websites visited immediately prior to and after visiting our Services. When you visit the Services, we may ask your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website may send its own cookie to your browser if your browser’s preferences allow it. With most Internet browsers, you can erase cookies from your hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser's instructions or online help files to learn more about these functions.
Your Information. The personal information you disclose to us in connection with the Services is provided strictly on a voluntary basis.
Reliance on Information. The Client understands that ForUsAll, in the performance of its obligations and duties under the Agreement, may rely upon data provided by Interested 3rd Parties or other data sources. While we believe this data to be correct, data errors or data that is out of date may impact the Services. This data includes, but is not limited to, balance information, specific securities held in the plan, security pricing, security descriptions, salary information, name, date of birth and email address. The Client understands that ForUsAll, in the performance of its obligations and duties under the Agreement, is entitled to rely upon the accuracy of such information as furnished by the Employer and the Recordkeeper without further investigation. It is the Client’s responsibility to review the accuracy of their personal data and inform us of any instances in which the data is not accurate. This personal data includes but is not limited to information provided by the Client or Interested 3rd Parties such as: salary, age, birth-date, savings rate, savings type (e.g., Roth, pre-tax, or a combination), automatic savings escalation preferences, investment preferences, account balances, 401(k) loan amounts, etc.
Reliance on third parties for transactions. The Client understands that ForUsAll will relay the Clients instructions for 401(k) enrollment, savings rates and investment allocations to third parties who are solely responsible for the timely and accurate execution of the instructions as requested by the client. ForUsAll is under no obligation to ensure that such third parties have accurately and timely implemented the instructions requested by the client. It is the client’s responsibility to ensure that instructions provided to third parties were implemented as desired and to notify ForUsAll by sending an email to firstname.lastname@example.org if the instructions were not implemented or were not implemented correctly.
Governing Law. To the extent Federal law, including ERISA, does not govern to this Agreement, it shall be construed in accordance with the laws of the State of Delaware.
Website Content and Intellectual Property Rights. The Services contain text, video, graphics, photographs, images, audio, software (including images, graphics, data, portfolio allocations and other recommendations generated by the software), and other such similar content (collectively “Services Content”). Unless otherwise expressly identified, Services Content is owned by ForUsAll. The Services Content is protected by United States and international copyright, trademark and other laws. You may use the Services Content solely for your personal use, provided you keep all copyright, proprietary notices, and disclosures intact. Except as expressly permitted, you may not reproduce, republish, upload, post, modify, transmit, hyperlink to or from, or distribute in any way Services Content from the Services in commerce or for any public or commercial endeavor without our prior and express written consent.
Confidential Relationship. All information and advice furnished in connection with this Agreement will be treated as confidential and will not be disclosed to third parties except as required by law. The Client authorizes ForUsAll to disclose to custodian or third-party professionals including attorneys, insurance advisors or CPA’s, information ForUsAll deems necessary and appropriate to properly perform its obligations and duties hereunder. The Client also acknowledges that ForUsAll may provide data to independent third parties for research purposes provided that the Client’s identity is kept confidential.
Notices. Unless otherwise specified herein, all notices, instructions, and any advice with respect to security transactions or any other matters contemplated by this Agreement, will be deemed duly given when received in writing by ForUsAll at the ForUsAll's current address as set forth in Form ADV Part 2 or by electronic mail to email@example.com.
Mediation/Arbitration. Excepting matters for injunctive relief, any claim or controversy arising out of or relating to the Agreement are preferred resolved by arbitration in accordance with the then effective arbitration rules of any qualified private arbitration organization. The arbitration organization to hear the case shall be determined by the party who first initiates arbitration by filing a claim in accordance with the filing rules of the organization selected. Any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The parties acknowledge that mediation usually helps parties to settle their dispute. Therefore, any party may propose mediation whenever appropriate through any mediation process or mediator as the parties may agree upon. Notwithstanding the foregoing, this arbitration clause in no way limits or affects the Client’s rights under the Investment Advisers Act or related state securities laws.For any claim to be considered by an arbitrator(s) the claim must be within the statute of limitations applicable to the claim as if it were filed in a court of competent jurisdiction.
Entire Agreement. This Agreement shall constitute the entire agreement between the parties. No prior other agreement, verbal or otherwise, shall be binding upon the parties unless written and signed by both parties.
Non-Assignment Clause. This Agreement may not be assigned by either party without the prior consent of the other party.
Disclaimer of Warranties –The Services and the Content is provided on an “as is”, “as available” basis without warranties of any kind, express or implied. To the fullest extent permissible under applicable law, we expressly disclaim all warranties, express or implied, including, but not limited to, warranties of performance, merchantability, and fitness for a particular purpose. We do not make any warranty as to the life of any URL. We do not warrant that access to or use of the site or services will be uninterrupted, secure, complete, or error free, or that the site or the server(s) that make the site available are free of viruses or other harmful components. By using the Services, you acknowledge the likelihood of some human and machine errors, delays, interruptions and losses, including the inadvertent loss of data or damage to media, and agree to hold us harmless from and against any viral infection or other computer malfunction caused at all or in part by your use of the Services. You assume the entire cost of all necessary computer or network servicing, repair or correction. The performance of the Services varies with the manufacturer’s equipment with which it is used.
For Clients whose employers have granted ForUsAll access through the ADP Marketplace (“ADP Clients”)
- This Agreement is between ForUsAll and ADP Client
- ForUsAll and not ADP or its vendors, is solely responsible for providing, maintaining, supporting and updating the ADP Marketplace Application (the “Application”) and its associated services. ForUsAll shall provide product support for the Application. ADP Client may access support vial the following means:
- FORUSALL HEREBY DISCLAIMS ON BEHALF OF ADP AND APPDIRECT ANY EXPRESS IMPLIED OR STATUTORY REPRESENTATIONS OR WARRANTIES, AND ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
- ADP Client’s and End Users’ sole and exclusive remedies shall be against ForUsAll. ADP and AppDirect shall have no liability or obligation to ADP Clients or End Users.
- ADP Client’s and End Users will not (i) decompile or reverse engineer the ADP Marketplace or take any other action to discover the source code or underlying ideas or algorithm of any components thereof, (ii) copy the ADP Marketplace, (iii) post, publish or create derivative works based on the ADP Marketplace, or (iv) remove any copyright notice, trade or service marks, brand names and the like from the ADP Marketplace or related documentation.
- ADP and AppDirect are third party beneficiaries of the above described terms and each are entitled to enforce such terms as if they each were a party to this Agreement.
- Subject to the remainder of this Section 7, ForUsAll shall indemnify, defend and hold harmless ADP Client and its employees from and against any and all suits, actions, damages, costs, losses, expenses (including reasonable outside attorneys’ fees) and other liabilities (each, a “Claim”) arising from or in connection with allegations that the Application or any related services violates or infringes any intellectual property right of a third party, invades or infringes any right of privacy, or right of publicity, of any person or entity. ForUsAll shall, at its sole expense, conduct the defense of any such Claim and all negotiations for its settlement or compromise; provided, however, that: (a) no settlement or compromise of such a Claim shall be entered into or agreed to with ADP Client’s prior approval (not to be unreasonably withheld or delayed): and (b) ADP Client shall have the right to participate, at its own expense, in the defense and/or settlement of any such Claim to the extent necessary to protect its own interests.
Standard of care. Insofar as ForUsAll acts as a fiduciary as defined in the Employee Retirement Income Security Act of 1974 (ERISA) in the performance of the services outlined herein, ForUsAll shall act in accordance with ERISA’s requirements for fiduciaries. In addition, ForUsAll will perform the services described in this Agreement in good faith and in accordance with applicable federal and state securities laws.
Transaction and redemption fees. Some funds charge fees on the purchase of shares. These fees, designed to offset the cost of buying and selling securities, are paid directly to the fund and are not sales charges. Additionally, some funds charge redemption fees in order to discourage short-term trading. ForUsAll may recommend that your assets be allocated to investments with either or both of these types of fees. Should you incur such fees as a result of the services provided under this Service Agreement, you acknowledge that these fees will be assessed on your purchase, or deducted from your redemption proceeds, in accordance with the conditions set forth in the prospectus of the particular fund bought or sold for your Account.
Investment results. There is no assurance that you will achieve positive investment results by using the Services. ForUsAll does not and cannot guarantee the future performance of your Account, nor can we ensure that the securities purchased on your behalf will be profitable. Investment return and principal value will fluctuate with market conditions and you may lose money. Although ForUsAll may recommend investment strategies designed to be prudent and diversified, all investments are subject to risks, including the risks described in the prospectuses of the investments in which your Account is invested.
The ForUs 401(k) may provide the Client with access to a self-directed brokerage window where the Client could invest in any number of securities outside of the core investment options available in the ForUs 401(k). ForUsAll makes no warranties or assertions that it has evaluated the appropriateness of any of the securities available via the self-directed brokerage window.
Communications. You agree to verify the accuracy and completeness of your information on any communications to or from ForUsAll and the Services (including but not limited to the websites, email or SMS message updates) and to inform ForUsAll immediately of any inaccuracies so that we may recommend any appropriate adjustments to your Account, if needed. You agree to provide ForUsAll with updated information if any information provided by you changes at any time. You should be aware that failure to update us could negatively impact our ability to perform the Services, render advice or remedy any instructions that were not implemented appropriately with Interested 3rd Parties.
E-mail Address. We may contact you by e-mail if you or your employer has provided your e-mail address. You agree that you will accept all electronic communications from us at your e-mail address and will not make any claims against us if you do not receive any communications we send to your e-mail address. You agree to notify us promptly if your e-mail address changes.
Disclaimer. THE SERVICES MAY CONTAIN OPINIONS, STATEMENTS, RECOMMENDATIONS, AND INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. FORUSALL DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY SUCH OPINION, STATEMENT, RECOMMENDATION OR OTHER THIRD PARTY CONTENT CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH OPINIONS, STATEMENTS, RECOMMENDATIONS, INFORMATION, AND SERVICE CONTENT SOLELY AT YOUR OWN RISK. THE SERVICE, THE SOFTWARE AND THIRD PARTY DATA ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE” WITH NO WARRANTY. NEITHER FORUSALL NOR ANY DATA PROVIDER OR SERVICE PROVIDER PROVIDES ANY WARRANTIES AS TO THE ACCURACY, ADEQUACY, QUALITY OR FITNESS, TIMELINESS, NON-INFRINGEMENT OR TITLE OF ANY THIRD PARTY INFORMATION OR INFORMATION PROVIDED BY YOU FOR A PARTICULAR PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORUSALL AND ITS SUPPLIERS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND THE SERVICE CONTENT, THE SOFTWARE, AND ALL INFORMATION DERIVED FROM THEM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALTHOUGH FORUSALL INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, FORUSALL DOES NOT WARRANT THAT THE SOFTWARE, THE SERVICES OR CONTENT CONTAINED IN THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES IS FREE OF ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES WILL END NINETY (90) DAYS AFTER YOU FIRST USE THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability. YOU UNDERSTAND THAT, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL FORUSALL OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS OR ANY DATA PROVIDER OR SERVICE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE OR LOST PROFITS, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OF THE SERVICES OF OR INABILITY TO USE THE SERVICE, (II) YOUR RELIANCE ON ANY CONTENT, OR (III) ANY GOODS OR SERVICES ADVERTISED ON THE SERVICE; EVEN IF FORUSALL OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ALSO UNDERSTAND THAT, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, NEITHER FORUSALL NOR ANY DATA PROVIDER OR SERVICE PROVIDER SHALL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (I) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE DELIVERY OF THE THIRD PARTY DATA OR ANY OTHER INFORMATION SUPPLIED TO YOU THROUGH THE SERVICE OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (II) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE THIRD PARTY DATA, (III) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (IV) ANY OTHER CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FEDERAL AND STATE SECURITIES LAWS AND ERISA IMPOSE LIABILITIES UNDER CERTAIN CIRCUMSTANCES ON PERSONS EVEN WHEN THEY ACT IN GOOD FAITH, AND NOTHING HEREIN SHALL CONSTITUTE A WAIVER OR LIMITATION OF RIGHTS THAT YOU MAY HAVE UNDER SUCH LAW.