Terms of Use

TERMS AND CONDITIONS

This website and its contents are the property of American Retirement Association (the Association) and its affiliated organizations: ASPPA, ASEA, NAPA NTSA, and PSCA. This webpage states "Terms and Conditions" for all of the associations’ websites (referred collectively as the “Website”). By using the Website, you agree to be bound by these Terms and Conditions.  The terms “You” and “User” are used to refer to anyone who is accessing the Website. If you are using the Website on behalf of a company or other legal entity, such entity may have a separate agreement with the Association, but you are nevertheless individually bound by these Terms and Conditions.

The Association may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions.

NOTE: If you do not wish to be bound by these Terms and Conditions, do not use this website.

Ownership of Copyrights, Trademarks and Other Intellectual Property

The entire contents of the Website, including the text, graphics, images, logos, button icons, HTML code, and other "material" are copyrighted by the Association under the copyright laws of the United States.  User agrees not to remove or obscure copyright notices appearing on the Website. The Association grants no copyright or ownership interests to User for any of the material and proprietary information referred to herein belonging to the Association; limited use of the materials is permitted only as expressly stated in the terms below. Permission to the Website content may be granted in special circumstances on a case-by-case basis.  Please direct any requests to use content to [email protected].

Permitted Uses of Materials

Below are select permitted and prohibited uses of Association materials that are posted at the Website.

1. Anyone who is doing personal, noncommercial research may view, print material, and temporarily store materials from the Website, provided that the Association's copyright notices are not removed and that the reuse of material does not conflict with any of the prohibited uses below.
2. Anyone may share Association materials by utilizing the “share” icons (e.g facebook, LinkedIn, email icons) displayed in conjunction with the Website materials on the Website. 
3. The Association may grant open access license to users for selected Association materials, and Users will be bound by such open access license terms.
4. Any use other than as described in paragraph 1-3 above requires prior written permission from the Association. Please direct any requests to [email protected].

Prohibited Uses of Materials

1. Except for the permitted uses above, User agrees not to reproduce, distribute, transmit (via print, fax, electronic, or other means), modify, alter, or create derivative works of the materials contained in the Website without prior written permission from the Association.
2. User agrees that materials may not be commercially exploited or sold to third parties without prior written authorization from the Association.
3. User agrees that materials may not be systematically stored on a server so as to substitute for the purchase of a subscription and/or license agreement to/for the materials.

Name and Logo

User agrees not to use the names of the Associations - American Retirement Association (ARA); American Society of Pension Professionals & Actuaries (ASPPA); American Society of Enrolled Actuaries (ASEA); National Association of Plan Advisors (NAPA); National Tax-Deferred Savings Association (NTSA); Plan Sponsor Council of America (PSCA) - or their logos for any promotional or commercial purpose or any other purpose without the prior written consent of the Association.

Website Security

Interference with Website operation: User agrees to not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. User agrees to not attempt to interfere in any way with the operation of the Website, that User will not transmit any virus or worm to the Website, that User will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website.  User further agrees that User will not attempt to access any part of the Website that is not intended for your use, that User will not attempt to log on to a server or account that User is not authorized to access, and that User will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Alteration of Website content:  None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of the Association.

Violation of Website security: Users are prohibited from violating or attempting to violate the security of the Website.  This site has security measures in place to protect the loss, misuse, and alteration of the information under our control.  Please see our Privacy Policy for further details concerning the Website’s privacy practices.

Compliance: User agrees to comply with all applicable laws, as well as with these Terms and Conditions.  User agrees not to engage in any unlawful or commercial activity on the Website.

Terms of Use for ASPPA’s Member Directory

For users of ASPPA’s Member Directory via the Website, you hereby accept and agree to be bound by the following terms and conditions:  The Member Directory and all content are proprietary to Association.  The content of the Directory may not, in whole or in part, be reproduced, republished, duplicated, disseminated, downloaded, entered into a computer database, used as part of or in connection with the preparation, revision, or confirmation of a commercial mailing, database, telephone, fax, email, or other marketing list, or otherwise utilized, in any form or manner or by any means, except for the user’s individual personal or professional use, or upon prior written permission by the Association on a limited case-by-case basis.  The presence of information about Association members in this Directory represents only that these individuals are members in good standing of the Association; it does not represent their consent to allow any other professional, personal, or commercial use of the Directory information by third parties, or to receive any marketing or related communications, except that inquiries to obtain professional services from potential customers or the public may be made directly to the members.

Registration and Password

Users are responsible for maintaining the confidentiality of their information and password. User is responsible for all use associated with User's registration and the compliance with all Terms and Conditions. User agrees to immediately notify the Association of any unauthorized use of your password or account or any other breach of security.  

Termination of Account

The Association reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to deletion of User's postings from the Website and immediate termination of User's registration with the Website or ability to access the Website and/or any other service provided to User by the Association, upon any breach by User of these Terms and Conditions or if the Association is unable to verify or authenticate any information User submits to the Website for registration.  The Association shall not be liable to User nor any third party for any termination of User’s account or access to the Website.

Commenting Rules

Users who wish to post comments on news articles and other relevant sections of the websites must follow our commenting rules: Professional and civil comments on the articles and content on our sites are encouraged because we believe in the value of informed and robust discussions of the issues facing all professionals serving sponsors of, and participants in, workplace retirement plans. Objectionable comments or personal attacks in this space are not allowed, and the Association reserves the right to remove at any time any comment that the websites’ editors deem to be inappropriate.

Waiver of Liability

The Association makes no representation about the accuracy, reliability, completeness or timeliness of the information available on or through its website; all such content is provided on an “as is” basis. The Association HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE CONTENTS OF THIS SITE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. The Association does not guarantee, warrant, or endorse the products or services of any firm, organization, or person. The Association is NOT LIABLE NOR SHALL IT BE LIABLE for any content posted on the website.  User assumes all risks associated with dealing with other users with whom User comes in contact through the Website.  Should a dispute arise between User and another user, User hereby agrees to release the Association from all claims, demand, and damages associated with such a dispute.

IN NO EVENT SHALL THE ASSOCIATION OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ASSOCIATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranties

THE CONTENT THAT IS POSTED ON THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.  THE ASSOCIATION MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE ASSOCIATION DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF COPYRIGHT TO THE FULLEST EXTENT PERMITTED BY LAW. 

THE ASSOCIATION DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.  IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ASSOCIATION IS NOT RESPONSIBLE FOR THOSE COSTS.

Disclaimer

No Investing, Tax, Business, or Legal Advice. The materials and data provided on or through this website are intended for general informational purposes only, and are not intended to provide specific investing, tax, business, or legal advice to any individual or entity.

Links to Other Sites

The Website may contain links to third-party websites. These links are provided solely as a convenience to User and not as an endorsement by the Association of the third-party or the contents of such third-party websites.  Because we do not have any control over such third-party websites, the Association is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites.  Linking to third-party websites is performed at User’s own risk.

Indemnity

User agrees to defend, indemnify, and hold harmless the Association, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, resulting from your use of the Website or your breach of the Terms of Use, including, without limitation, your submission of content that violates third party rights or applicable law.  The ASSOCIATION shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User's expense, in defending any such claim, suit or proceeding.

Foreign Access

If User accesses this Website from outside the United States, User does so at User's own risk.  User agrees to comply with all applicable local rules and laws regarding the transmission of technical date or information exported from the United States or the country in which you reside.

Governing Law and Severability

These Terms and Conditions are governed by laws of the Commonwealth of Virginia. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state or federal courts within the Commonwealth of Virginia. If any provisions of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.  No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

Effective Date: June 1, 2021