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Privacy Statement

User Agreement

On-line Services User Agreement 2004
1. Initial Acceptance of Terms.
By using the site, you agree to the terms set forth in this Agreement.

2. Other Agreements.
This Agreement is in addition to (and does not replace or modify) any other agreement(s) you may have with DFM, or any affiliates of DFM. As used in this Agreement, the phrases "affiliates of DFM." or "its affiliates" refer to entities owned and/or controlled by DFM.

3. Overview of online services at DFM.
DFM online services web site (the "Site"), consists of the following services:

  • Information
  • Education
  • Research and analysis regarding fiduciary conduct/behavior
  • Employee retirement plan and investment education
  • Retirement plan sponsor investment analysis/monitoring and other aspects of retirement plan management.

4. Changes to this Agreement.
You agree that DFM may change the terms of this Agreement at any time. Changes to this Agreement will be posted online and will be effective upon posting. Your continued use of the Site, thereafter will constitute your acceptance of the changes and your agreement to be bound by this Agreement, as amended. If you do not agree to the changes, you may not view or access information on the Site.

5. Privacy Notice and Statement:

6. Changes to online services and content at the DFM Site.
DFM will not be required to notify you of any change in the Site's features or content. In addition, DFM may at any time, with or without notice, restrict the use and accessibility of the Site. DFM may also temporarily suspend or revoke your rights to use the Site based on DFM belief or suspicion that your use of the services or content exceeds or violates this Agreement.

7. Use of email.
Because of the current limitations of Internet e-mail, YOU AGREE NOT TO USE E-MAIL TO Transmit any personal credit information (including credit card numbers), or to give DFM any time-sensitive instructions.

DFM WILL NOT ACCEPT AND WILL NOT PROCESS ANY INSTRUCTIONS OR REQUESTS THAT CONFLICT WITH THIS PROVISION. NEITHER DFM, ITS AFFILIATES NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS WILL BE RESPONSIBLE OR LIABLE FOR ANY ACTIONS TAKEN OR ANY OMISSIONS TO ACT AS A RESULT OF ANY E-MAIL MESSAGE YOU SEND TO IRPS IN CONFLICT WITH THIS POLICY.

8. Indemnification by You.
You will indemnify and hold harmless DFM, its affiliates and their respective employees, officers, directors, agents, and Providers from any and all claims, losses, expenses and damages, including reasonable attorneys' fees, imposed on, incurred or asserted as a result of or relating to, (a) any violation of this Agreement by you; and/or (b) your unauthorized receipt or use of information or services provided through the Site; and/or (c) any third-party actions related to your receipt and use of information or services available through the Site, whether authorized or unauthorized under this Agreement.

9. Third Party Software.
You may access and use online services at DFM through the Internet using publicly available third party web browsers and software from third parties not affiliated with DFM (collectively, "Software"). You are responsible for the installation, maintenance and operation of Software and acknowledge that DFM is not responsible for your use of the Software, its performance, or to notify you of any upgrades, fixes or enhancements to Software. When you use Software, you agree to the license terms that may be provided with such Software. Until notified otherwise by DFM, you agree to use Software that supports the Secure Socket Layer (SSL) protocol. You acknowledge that Software you use to access or use online services and information at DFM may include encryption methods that are subject to the export control laws of the United States. By using or downloading the Software, you agree and warrant that neither the Software, nor any direct product of the Software, may be exported or re-exported outside the United States or to any foreign entity or "foreign person" (as defined by United States Government regulations), including anyone who is not a citizen, national, or lawful permanent resident of the United States. IRPS is not responsible for any use of the Software by you in violation of (a) this section 10; (b) the export and customs laws and regulations of the United States relating thereto; and (c) any patent, trademark, copyright, trade secret or other property rights of any third party.

10. Copyright and Limitations on Your Use of Information.
The information available on the Site, including, but not limited to text, images, illustrations, audio clips and video clips (if any) is protected by copyrights, trademarks, services marks, and/or other property rights under the laws of various states, the United States, and foreign jurisdictions, and is owned and controlled by DFM, its affiliates, agents and/or their respective Providers. You may use and print a copy of the information contained herein for your personal, non-commercial use only. You may not copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate (including by e-mail or other electronic means) the information available on the Site for any commercial purpose or use, without the prior express written consent of DFM, its affiliates, and/or their respective agents or Providers (as applicable). Transmission or use of any information in violation of this Agreement, or any applicable law, rule or regulation (whether of any state, the United States, or other countries), or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted information, information which is defamatory, threatening, obscene, lewd and indecent, information protected by trademark, trade secret, or patent laws, or information that results in an invasion of privacy. You may not use on another web site any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the information on the Site without the prior written consent of IRPS. You agree to access the information on the Site manually after logging onto the Site and not programmatically by macro or other automated means.

11. Your Acknowledgement.
You acknowledge that the Site is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security, which may be referenced in the Site. Such offers can only be made where lawful under applicable law. IRPS does not give tax or investment advice, or advocate the purchase or sale of any security or investment that appears on IRPS Site. Online services, and the Site, may include facts, opinions and recommendations of individuals and organizations deemed of interest. Neither IRPS, its affiliates nor their Providers guarantee the accuracy, completeness or timeliness of, or otherwise endorse these views, opinions or recommendations. If you wish to learn more about information available through the Site, please contact DFM.

12. Links to and from Other Sites.
In the event you use DFM online services or the links included on the Site to gain access to another Internet site or information on any company, organization or person other than DFM, you acknowledge that such other sites are not under the control of DFM. You agree that DFM shall not be responsible for any information or other links found at any such sites, or for your use of such information. DFM provides such links only as a convenience to you, and has not tested any software or verified any information found at such sites. The fact that DFM has provided a link to another site does not signify DFM endorsement of the site, its contents or any participants in the site. There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use DFM online services. You understand that third parties not affiliated with DFM may link to the Site. You agree that this link does not imply DFM endorsement or sponsorship of such third parties or the contents of the third party sites.

13. Termination.
Your use of online services and information at DFM will continue until terminated by DFM. DFM may, in its sole and absolute discretion, and without notice to you, discontinue or change the online services or suspend access to all or any part of the services/information for any reason. In the event of a termination by DFM, DFM, its affiliates and their respective directors, officers, employees, agents, and Providers shall have no liability to you, your company or your employees.

14. Fees and Payments to Third Parties.
You are responsible for any charges incurred to access the online services at DFM through an Internet access provider or other third party service. You agree to pay all charges billed to you by third parties in connection with your access to online services at DFM. DFM SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO YOU BY A THIRD PARTY, WHETHER OR NOT THESE AMOUNTS WERE AUTHORIZED BY YOU.

15. Your Consent.
In connection with your use of online services at DFM, you acknowledge and consent to electronic recording of any written communication between you and DFM, or its representatives or agents.

16. Your Representations and Warranties.
You hereby represent and warrant that you are 18 years of age or older. Unless you advise DFM to the contrary, in writing, and provide DFM with a letter of approval from your employer, where required, you represent that you are not an employee of any U.S. securities exchange, or of any corporation of which any exchange owns a majority of the capital stock, or a member of any exchange, or of a member firm or member corporation registered on any exchange, or of any corporation, firm or individual engaged in the business of dealing, either as a broker or as a principal, in securities, bills of exchange, acceptances or other forms of commercial paper.

17. Disclaimer of Warranty.
There may be delays, omissions or inaccuracies in DFM online services, and the information and services available through the Site. You understand and agree that your use of the service is at your sole risk. NEITHER IRPS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR PROVIDERS REPRESENT OR WARRANT THAT ONLINE SERVICES AT IRPS WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO ANY OF THEM MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULT THAT MAY BE OBTAINED FROM THE USE OF ONLINE SERVICES AT IRPS OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THROUGH THE SITE OR WITH RESPECT TO ANY SOFTWARE PROVIDED FOR USE IN ACCESSING OR USING ALL OR A PORTION OF ONLINE SERVICES AT DFM. THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF INFORMATION ACCESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

18. Limitation of Liability.
NEITHER DFM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR PROVIDERS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR:

  • A. ANY LOSS OR INJURY CAUSED IN WHOLE OR PART FOR ANY REASON, INCLUDING BY ITS (OR THEIR) NEGLIGENCE OR CONTINGENCIES BEYOND ITS (OR THEIR) CONTROL, IN PROVIDING, PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING DFM ONLINE SERVICES AND INFORMATION AND OTHER SERVICES AVAILABLE THROUGH IRPS ONLINE SERVICES; AND/OR
  • B. ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY ASPECT OF IRPS ONLINE SERVICES INCLUDING, WITHOUT LIMITATION, INFORMATION AND OTHER SERVICES AVAILABLE THROUGH THE SITE; AND/OR
  • C. ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR TRADING LOSSES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

19. No Assignment.
This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

20. Governing Law.
This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and Washington State, as if the Agreement was a contract wholly entered into and wholly performed within Washington State, without regard to conflict of laws principles.

21. Survival.
Sections 2, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, and 23 shall survive termination of this Agreement.

22. Third Party Rights under this Agreement.
Certain sections of this Agreement are for the benefit of DFM. and its affiliates and their respective officers, directors, employees, agents and Providers. You understand that each of these entities and individuals shall have the right to enforce those sections directly against you on its own behalf.

23. Headings.
The headings contained in this Agreement are for reference and convenience only and shall not be considered in the interpretation of this Agreement.

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