AtPrime Media Services/Pension Inspector - Terms of Service.
Please read the following terms and conditions carefully. Pension Inspector, currently located on the Internet at http://www.pensioninspector.com the "Service") is an online Electronic Community information and communication service, owned and operated by Atprime Media Service, a wholly owned subsidiary of National Retirement Programs, Inc. 521 Fifth Avenue Suite 1700, New York, New York 10175. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by Copyrights, Trademarks, Device Marks, Patents or other proprietary rights and laws. Except as expressly authorized by AtPrime Media, Services, or, advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. PensionInspector.com grants you personal, nontransferable and nonexclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Atprime Media Services for use in accessing the Service. You agree to indemnify and hold AtPrime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc., and its subsidiaries, affiliates, officers, agents, corianders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not be applicable to you. At prime Media Service provides its service to you, subject to the following Terms and Conditions of Service ("Terms of Service").
By using our World Wide Web site, or, by registering as a member of the Service, you agree to be bound by these Terms of Service, which we may update without notice to you. We urge you to review periodically, for modifications, the enclosed "Terms of Service" statement.
You are eligible to become a member of www.pensioninspector.com if you are over 18, and such minimum age requirement is not in conflict with National, State or Local Law. Registration as a Pension Inspector Member provides you access to specially created computer programs, and other services. As a PensionInspector.com Member you, as well as At Prime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc., shall be bound by the enclosed Terms of Service (TOS) and any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. Membership may entitle you to special discounts, available, from time to time, for members. In addition, Membership shall entitle you to other Subscriptions as announced on the site. When registering as a member, you represent that you eligible under National, State or Local law to become a member, and, agree to provide truthful information about yourself as requested by the registration form and update the information to keep it truthful and current. If you do not provide truthful or complete information, or if At Prime Media Services has reason to believe that information is untruthful or incomplete, then At Prime Media Services may suspend or terminate your account.
You understand and agree that the Service is provided "As Is" and that At Prime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc. assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications, from the United States Department of Labor, or United States Internal Revenue Service or personalization settings. AtPrime Media Services is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes.AtPrime Media Services shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. no advice or information, whether oral or written, obtained by you from AtPrime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc. or through or from the service shall create any warranty not expressly stated in the Terms of Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AtPrime Media Services shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Upon registering as a member of the Service, you will receive a user name and password. You are responsible for keeping your user name and password confidential and are fully responsible for all activity occurring under the use of your user name. You agree to notify AtPrime immediately if there is an unauthorized use of your user name or password. In addition, when using particular AtPrime Media Services, you and AtPrime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted on the website from time to time. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AtPrime Media Services of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AtPrime Media Services cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Membership shall be divided into two (2) Licensee Designations: A One Person Retirement Plan Member Pension Inspector Licensee to be designated as " Plan Participant Member", or, a Retirement Plan Professional designated as "Plan Professional Member " . Membership status is selected at time of signup and may not be recharacterized.
A "Plan Participant Member" is any person, designated by his/her User-Name and unique Email Account, in excess of the legal age preventing such person to become a Member of www.pensioninspector.com, and subject to such Federal, State and Local laws, and any other provision within this enclosed Terms of Service Document that would prevent such individual from becoming a Member of www.pensioninspector.com, and, is a Retirement or Welfare Plan Participant, Former Retirement or Welfare Plan Participant, Beneficiary, Quadro Recipient, Research or Student whose sole purpose is not to utilize this site for any commercial purpose, except to review the performance of his/her Retirement or Welfare Plan or other Retirement or Welfare Plans , or, and to enrich his/her knowledge from data, reports and downloads generated from www.pensioninspector.com. A "Plan Participant Member" shall be limited to One (1) Free Account whose terms are posted on this www.pensioninspector.com website, its assigns and or successors, from time to time. A " Plan Participant Member" may purchase additional Annual Subscriptions and such then current Subscription rates shall prevail.
A "Plan Professional Member", designated by his/her User-Name and unique Email Account, is any Proprietor, Entity or individual associated whether employed by a Professional Entity or not, who would utilize www.pensioninspector.com, its assigns and successors, for any professional, sales, marketing or commercial endeavor and is domiciled in the United States or else ware.
Each "Plan Professional Member", shall be entitled to one (1) Free (1) Account designated by his/her User Name and unique Email Account whose terms are posted on this www.pensioninspector.com website, its assigns and or successors, from time to time. Each "Plan Professional Member" may purchase additional www.pensioninspector.com upgrades, or www.pensionionspector.com separate programs based upon the then current Subscription rates shall prevail.
Membership is free for such initial entry level Designations, and, will contain limited Member access to the site as contained in the Member Signup Form, or, posted on the www.pensioninspector.com website. All Subscriptions are based upon an Annual 365 Day Plan year, except for leap year, and are based upon the date such date the subscription is purchased and accepted by the Credit Card or receipt of Subscriber Check or Draft. Subscription Membership Upgrade pricing upgrades are posted on the website.
The "Plan Professional Member" , and, "Plan Professional Member", Classification shall have a separate set of Subscription Rates as published from time to time on the www.pensioninspector.com website.
AtPrime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc. shall have sole jurisdiction in determining any infraction, and any action taken, in this or any rule set forth in this Terms of Service. If AtPrime Media Service has determined that a Membership Usage Infraction has incurred an Email notification shall be sent to such Member. If such issue is not resolved within 30 days such account will be turned off and any Member Subscription Payments forfeited. All Plan Memberships shall be deemed to have been consummated in the State of New York and shall be bound by the laws of the State of New York as amended from time to time.
You understand and agree, that Atprime Media Services through www.pensioninspector.com , and other websites, will, utilize Cookies and other techniques, to trace your usage on this website.
YOUR CONDUCT AS A MEMBER
By using the Service, or registering as a member, you agree to the following rules; failure to comply with these rules may lead to the cancellation of your membership and/or a denial of access to the Service. You may not post or transmit on the Service any defamatory, inaccurate, abusive, obscene, profane, vulgar, threatening, offensive or illegal material.
You acknowledge that we do not screen sercret content before it is posted or transmitted, but we reserve the right in our sole discretion (but are not obligated) to review and edit, delete, or refuse to post any material submitted for display or placed on the Service, including bulletin boards, chat rooms, discussions, and/or emails.
Please be aware that www.pensioninspector.com may create certain areas on the Service that may contain controversial content. You must be at least 18 years of age, and such viewing must be allowed under National, State or Local law to access and view such areas.
You may use our service for lawful purposes only. You may not post or transmit any material that violates the rights of others, infringes a person's intellectual property rights (such as copyrights, patents, or trademarks), is otherwise unlawful or encourages unlawful activity, or could give rise to civil liability. Posting or transmission of any material that violates any federal, state, or local law or regulation is prohibited, and we reserve the right to notify law enforcement authorities in such event. You may not post or send advertising or other solicitations. You may not post any unsolicited or unauthorized advertising, promotions, junk mail, spam, chain letters, or any other form of solicitation, except for on your homepage. We reserve the right to charge you for utilization of our site for unauthorized services.
You agree not to access, or attempt to access, other members' accounts, and you agree not to interfere with or disrupt the Service or any servers connected to the Service. You agree not to distribute any content that contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, or intercept any data or personal information. We reserve the right to charge you for utilization of our site for unauthorized service as listed above.
You agree to not use the Service to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, an AtPrime Media, Inc official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g)upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
(h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another user, or member.
You are solely responsible for content you transmit or post using the Service. The content you distribute shall not infringe any third party's intellectual property rights or the rights of privacy or publicity of any third party. You will be responsible for any damages resulting from such infringement.
PUBLIC AREAS AND CONTESTS
A public area of the Service is any area where you may submit material ("Submissions") for viewing by others or where you may view Submissions of other Service members, such as bulletin boards, discussions, or chat rooms. By transmitting a Submission to any "public area" , if utilized, of www.pensioninspector.com, including message boards, discussions, contests, and chat rooms, you grant that AtPrime Media Services has created certain areas on the Service that may contain adult content; you must be at least 18 years old to access such areas. and its affiliates a royalty free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit other users of the Service to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on www.pensioninspector.com retains any and all Rights that may exist in such content.
Similarly, by submitting content to any contests, or, to any public area of the service, you hereby expressly permit AtPrime Media Services to create certain areas on the Service that may contain Controversial content; that you must be at least 18 years old to access such areas. to identify you as the contributor of such content to the contest in any publication in any form, media, or technology now known or later developed in connection with the content, unless you otherwise notify AtPrime in writing at the time you submit the content that you do not wish to be so identified.
AtPrime Media Services has created certain areas on the Service that may contain controversial content; you must be at least 18 years old to access such areas. reserves the right to discontinue, and or, modify any parts of the Service with or without notice to you.
TERMINATION OF YOUR MEMBERSHIP
We may terminate your membership and/or deny access to the Service if we learn that you have provided false or misleading registration information, compromised the administration of our Web site, or violated these Terms of Service. Additionally, we may choose to remove any or all of the content you submit in connection with the service at any time and without notice to you.
AtPrime Media Services has the right to allow other websites to links to our website, subject to our approval in writing and signed by a duly authorized Officer of National Retirement Programs, Inc. or Atprime media Services.
DISCLAIMER OF WARRANTIES
The services and materials on this site are provided "as is" and on an "as available" basis. AtPrime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc. Disclaims all warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Neither AtPrime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc. Nor any of its affiliated companies nor any of its or their respective licensor or suppliers warrant that any functions contained in the web site will be uninterrupted or error free, that defects will be corrected, or that the web site or the server that makes them available are free of viruses or other harmful components to the best of its ability. If viruses or other harmful components exist on any of the websites owned by National Retirement Programs, Inc., after prudent steps are taken to block them, National Retirement Programs, Inc., Atprime Media Services and any wholly owned subsidiaries shall not be responsible for any damage incurred to any Member’s Computer or any Third (3rd) Party.
Neither AtPrime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc. nor any of its affiliated companies nor any of its or their respective licensor or suppliers warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.
You acknowledge that neither the service, nor any of the information provided on the service, constitutes, or is intended to constitute, tax, accounting, legal, medical, Actuarial or any other personal advice. Although the service may provide access to information, research, and/or general recommendations about a variety of topics, such information, research, and/or general recommendations should not be construed as an opinion regarding the suitability for you or any other person. You agree to make your own independent evaluation of the information as applied to you. No information obtained from AtPrime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc., whether oral or written, shall create any warranty not expressly set forth in these terms of service. AtPrime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc. Shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if AtPrime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your submissions or data; (iii) statements or conduct of any third party on the service; or (iv) any other matter relating to the service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You agree to indemnify and hold harmless AtPrime Media Services against all liabilities, losses, damages, expenses, and costs (including reasonable attorneys' fees) that it incurs as a result of claims related to your violation of this Agreement. AtPrime Media Services reserves the right, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify AtPrime Media Services for all liabilities, losses, or damages. You agree to provide AtPrime Media Services with whatever cooperation it reasonably requests.
These Terms of Service constitute the entire agreement between you and AtPrime Media Services and shall govern your use of this Service. These Terms of Service shall supersede any prior agreements between you and AtPrime Media Services. AtPrime Media Services, a wholly owned subsidiary of National Retirement Programs, Inc. may augment or discontinue service or this website at any time, without due notice to its Members.
You may also be subject to additional terms that may apply when you sue third party services or content. If any provision of these Terms of Service are found to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions and that the remainder of the Terms of Service will remain in full force and effect.
All materials on this site are the property of AtPrime Media Services or others, unless otherwise specified. Without AtPrime Media Services prior written permission, you may not copy, modify, display or prepare derivative works based upon the materials on this site, except that, unless otherwise stated, you may print one copy on one computer for your personal, noncommercial use only, provided you do not delete or change any copyright, trademark and other proprietary notices. Note that any product or service referenced on this site may be subject to other proprietary rights reserved by @Prime! and are not licensed hereunder. All rights not expressly granted herein are reserved. Any visitor to the aAtprime Media serices web site who provides information to AtPrime Media Services agrees that AtPrime Media Services has unlimited rights to such information as provided, and that AtPrime Media Services may use such information in any way that AtPrime Media Services chooses. Such information as provided by the visitor shall be deemed to be nonconfidential. The trademarks encompassed on the www.pensioninspector.com are trademarks of AtPrime Media Services. All other trade names, trademarks, logos, and service marks on this site are the property of their respective owners.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AtPrime Media Services Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a goodfaith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
AtPrime Media Services Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Copyright Agent Attn:
Director of Product Management AtPrime Media Services,
521 Fifth Avenue Suite 1700
New York, New York 10175
You acknowledge and agree that www.pensioninspector.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of thirdparties; or (d) protect the rights, property, or personal safety of AtPrime Media Services, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.