Terms of Service & Conditions of Use

401(k) CRPA, LLC (“401(k) CRPA”) Terms of Service (“Agreement,” “Terms” or “Terms of Service”) is a contract in electronic form between You (defined below) and 401(k) CRPA, LLC. D/B/A PTE CRPA and its successors, subsidiaries, affiliates, (“401(K) CRPA,” “We” or “Us”). By registering and logging into the PTE CRPA website (www.ptecrpa.com) or using the sites or services (collectively, the “Services”).

You (meaning User, You, Your company or employer, any agents, legal counsel, employees, assignees, suppliers, third parties, or any other party of which You have control and who uses our Services, including any party that uses our Services using Your Password, as defined below, hereafter “You”, “Your” or “User”) must read these Terms carefully. By registering for, creating an account, user name, or password, logging into, visiting and/or otherwise using the Services in any way, You indicate that You understand and intend these Terms to be the legal equivalent of a signed, written contract, and You accept the Terms as set forth herein and agree to be legally bound by them. You may use the Services only if You can form a binding contract with us and are not a person barred from receiving services under the laws of the united states or other applicable jurisdiction. If You are accepting these Terms on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so. If You do not agree to these Terms, please do not access the Services. By accessing or using the Services, You agree to be bound by these Terms.

Access and Account Security
We reserve the right to withdraw or amend the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are required and responsible for:

  • Purchasing a subscription for each licensed Advisor registered to your firm having rollover conversations with its current or prospective clients. A single subscription cannot be used to produce reports for multiple advisors. A single individual (with or without a securities license) can have access as a support member (no subscription needed), to create reports for multiple subscribing advisors.
  • Making all arrangements necessary for You to have access to the Services.
  • Ensuring that all persons who access the Services through Your internet connection are aware of these Terms of Service (as well as any other requirements for use of the Services and comply with them.

To access the Services or any of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Services that all the information You provide is correct, current, and complete. You agree that all information You provide to register, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and You consent to all actions We take with respect to Your information consistent with our Privacy Policy.

Subscription/User login represents a single registered advisor. Only  licensed advisors can be registered users. Company Admins need not be licensed advisors. Advisors and their firm are solely responsible for the information used to create investor recommendation reports. If You choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. Each subscription is limited to a single user. A subscribers user Id and password may not be shared. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Services or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Service.

Fees for the Service
The fees are described in [Pricing Section] of Our website. Fees for more than 49 subscriptions are provided on an individual basis by calling customer support,303-792-4900. However, We will provide You with at least 30 days’ advance notice before revisions become applicable to You (or a longer period of notice if this is required by applicable Law).

Limited License
Subject to these Terms, We grant You a limited, non-exclusive, non-transferable, and revocable license to use our Services, unless a Service has been contracted for using a separate license agreement, in which case the terms of that separate license agreement will govern if they conflict with those found herein, subject to Your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to You.

You acknowledge and agree that the license granted in these Terms is not a concurrent user license and that the rights granted to You under these Terms are subject to all of the following agreements and restrictions: (i) licenses cannot be shared or used by more than one individual; (ii) You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Services available to any third party other than You; (iii) You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services or access the Services in order to build a similar or competitive product or service; (iv) You shall not create internet “links” to the Services or “frame” or “mirror” any part of the Services, including any content contained in the Services, on any other server or device; (v) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; (vi) You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services; (vii) You acknowledge and agree that 401(k) CRPA shall own all right, title and interest in and to all intellectual property rights in the Services and any suggestions, enhancement requests, feedback, or recommendations provided by You relating to the Services, including all unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, know-how and other trade secret rights, and all other intellectual property rights, derivatives or improvements thereof; (viii) unauthorized use, resale or commercial exploitation of any part of the Services in any way is expressly prohibited; (ix) You do not acquire any rights in the Services, express or implied, other than those expressly granted in these Terms and all rights not expressly granted to You are reserved by Us; and (x) these Term are not a sale and do not convey any rights of ownership in or related to the Services.

Assumption of Risk
Use of the Services may require Internet access and that You accept additional terms of service. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the
Services, You acknowledge and agree that 401(k) CRPA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legal compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. 401(K) CRPA does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. You understand that by accessing any Third Party Materials, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services and Third Party Materials at Your sole risk and that 401(K) CRPA shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Neither 401(K) CRPA, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

Use by Third Parties

401(k) CRPA may be used by You in conjunction with a third party service provider (“Third Party Service Provider”).  Third Party Service Provider access to and use of the Services will be subject to separate agreement between 401(k) CRPA and such Third Party Service Provider.  401(K) CRPA is not responsible for data entered by You or a Third Party Service Provider on Your behalf into the platform in order to use the Services. Fees charged by a third party service provider may be different than those charged directly on the 401kCRPA website. 401k CRPA may pay affiliate fees to third parties to distribute its services. 401(k) CRPA is not responsible for how a Third Party Service Provider uses or presents Your data or the Services. Further you acknowledge and agree that 401(k) CRPA has no control over, and is not responsible for, Your interactions with any Third Party Service Provider. Any transactions or agreements agreed upon between You and such Third Party Service Provider is a separate agreement between You and the applicable Third Party Service Provider, and 401(k) CRPA is not party to any such transactions or agreements.  401(K) CRPA does not warrant, endorse or recommend any Third Party Service Providers.  You acknowledge and agree that 401(K) CRPA,  does not assume and will not have any liability or responsibility to You or any other person for any Third Party Service Provider.

401(K) CRPA is not an Investment Advisor or ERISA Fiduciary
You understand and acknowledge that access to the Services is provided on the strict understanding that We are not acting as an “investment advisor” as such term is defined in the Investment Advisers Act of 1940 or any other applicable state or federal law, or as a “fiduciary” under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). You further understand and acknowledge that 401(K) CRPA is not engaged in rendering legal, accounting, fiduciary, or other professional services. You agree to consult with Your attorneys, compliance officers, and/or professional advisors prior to accessing or using the Services.

No Investment Recommendation or Advice
Nothing included in the Services constitutes tax, legal, or investment advice. Hypothetical example(s) are for illustrative purposes only and are not intended to represent the past or future performance of any specific investment. Neither the information, nor any opinion, included in the Services constitutes a solicitation or offer by 401(K) CRPA or its affiliates to buy or sell any securities or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information included on the Services are the sole responsibility of You. Data is dynamic and could be subject to reporting errors, timeliness and categorization discrepancies. The information reported by fund company literature, prospectuses and reporting services is often irreconcilable. As a result, the data provided in our Services should be viewed as indicative rather than definitive. The data emanates from sources believed to be reliable, but We have no control over the means or methods used for collection. As a result, We cannot guarantee accuracy or completeness. Before executing any financial or securities transaction based, You should consult with a financial professional.

Trademarks
401(k) CRPA’s name, 401(k) CRPA’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of 401(k) CRPA or its affiliates or licensors. You must not use such marks without the prior written permission of 401(k) CRPA. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

Changes to the Terms of Service
We may revise and update these Terms from time to time in our sole discretion by posting the revised Terms of Service on the site. All changes are effective immediately when We post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in these Terms of Service will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the site.

Your continued use of the Services following the posting of revised Terms of Service means that You accept and agree to the changes. You are expected to check this page and the Services from time to time, so You are aware of any changes, as they are binding on You.

Billing, Payment and Term of Contract. The Subscription service is a license contract that you enter into with 401(k) CRPA, LLC at the time of your subscription is paid.

Unless otherwise stated in writing, the following contractual terms apply.

  1. The initial term of your contract is twelve (12) months from the date of purchase, and your subscription will automatically renew for subsequent twelve (12) month terms, unless notice of non-renewal is provided by either party at least thirty (30) days in advance of each renewal. Each subscription is limited to a single user.  A subscribers user Id and password may not be shared.  Notice can be sent thru our website, www.401kcrpa.com or emailed to info@401kcrpa.com. This subscription structure provides pricing protection, and 401(k) CRPA, LLC may not apply future pricing increases to your contract during its current 12-month term.
    If prices change before your annual renewal, we will notify you that your pricing will change as of the beginning of your next annual contract term. We will always provide at least thirty (30) days’ notice for any such pricing change prior to any deadline that you have for choosing not to renew your subscription with 401(k) CRPA, LLC.
  2. Any additional user licenses, add-ons or other services added during the course of your contract will be committed for the remainder of your current contract term, unless otherwise noted on an Order Form for the additional licenses, add-ons or services.
  3. You will be billed annually in advance via ACH withdrawal from your bank account, credit card on file or by direct invoice and paying by wire transfer. Quarterly payment via credit card is available for 49 subscriptions or less. The invoice will include an additional credit card processing fee. 401k CRPA,LLC reserves the right, under certain circumstances, to require annual payment for any subscription.
  4. All subscriptions are non-refundable once paid. No refunds are provided in the event of a retraction, nullification or changes to any regulations for which this subscription is being used. If you believe you have been billed in error, please email info@401kcrpa.com and we will be glad to assist.
  5. Subscriber authorizes 401(k) CRPA to use its name, logo and/or trademark without notice to or consent by Subscriber, in connection with certain promotional materials that 401(k) CRPA may disseminate to the public. The promotional materials may include, but are not limited to, brochures, video tape, internet website, press releases, advertising in newspaper and/or other periodicals, lucites, and any other materials relating the fact that 401(k) CRPA has a subscription relationship with subscriber and such materials may be developed, disseminated and used without Subscriber’s review. Nothing herein obligates 401(k) CRPA to use a Subscribers name, logo and/or trademark, in any promotional materials of 401(k) CRPA.

Termination of Service. In order to provide notice of non-renewal and terminate the Services, you must provide written notice to 401(k) CRPA, LLC. For your security, you must provide notice to 401(k) CRPA, LLC using the account cancellation feature in the “Subscription” section of the website if available or by emailing your request to info@401kcrpa.com. Notice is not considered received unless a confirmation email is received by the Subscriber. If you do not have access to email or the account cancellation feature, you can provide written notice via postal mail to 7777 Glades Rd. #100 Boca Raton, FL 33434.

Termination is deemed effective when you receive a message from 401(k) CRPA, LLC that your cancellation has been processed.

Once 401(k) CRPA, LLC has processed your cancellation, your access to and payment for the Services will continue for the remainder of your subscription term.

401(k) CRPA, LLC may, at any time, terminate your subscription and refuse your access to the Services if

  1. you have breached any provision of the Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Terms);
  2. 401(k) CRPA, LLC is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
  3. you are no longer a registered representative, registered investment advisor, registered insurance agent or administrative / operations assistant of a registered securities firm, registered investment advisor or registered insurance agent;
  4. 401(k) CRPA, LLC is transitioning to or no longer providing the Services to users in the jurisdiction in which you are resident or from which you use the Services;
  5. the provision of the Services to you by 401(k) CRPA, LLC is, in 401(k) CRPA, LLC’s sole discretion, no longer commercially viable;
  6. your communication with 401(k) CRPA, LLC employees is abusive or threatening, in 401(k) CRPA, LLC’s sole discretion; or
  7. you do not pay the amounts due for the Services according to the Terms.

Your Warranties
You represent and warrant to Us that (a) all information, that You provide to us is accurate and truthful, (b) You have the authority to share any such information with us and to grant us the right to use any such information as provided in these Terms of Service, (c) Your acceptance and use of the Services pursuant to these Terms does not violate any applicable law or other contract or obligation to which You are a party or are otherwise bound, and (d) any information provide by You to Us does not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.

Disclaimer of Warranties
ALL PRODUCTS, SERVICES, AND INFORMATION ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY. NEITHER 401(K) CRPA NOR ANY THIRD PARTY SUPPLIER PROVIDES ANY WARRANTIES AS TO THE ACCURACY, ADEQUACY, QUALITY OR FITNESS, TIMELINESS, NON-INFRINGEMENT OR TITLE OF ANY PRODUCTS, SERVICES, OR INFORMATION PROVIDED BY YOU, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 401(k) CRPA AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, SERVICES, AND INFORMATION AND THE PRODUCTS, SERVICES, AND INFORMATION, 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 401(K) CRPA INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, 401(k) CRPA DOES NOT WARRANT THAT THE SERVICE OR CONTENT CONTAINED IN THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICE 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 ON LIABILITY
IN NO EVENT WILL 401(K) CRPA ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR ANY DATA PROVIDER OR SERVICE PROVIDER WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, 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 OR INABILITY TO USE THE SERVICE, (II) YOUR RELIANCE ON ANY CONTENT, OR (III) ANY PRODUCTS OR SERVICES
ADVERTISED ON THE SERVICE; EVEN IF 401(K) CRPA OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER 401(K) CRPA OR 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 OMISSION 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, OR (II) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE THIRD PARTY DATA. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to indemnify, defend and hold harmless 401(k) CRPA and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third-party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from Your failure to comply with the Terms of Service, Your infringement or violation of any intellectual property or other right of a third party, or from Your violation of any applicable law.

Geographic Restrictions
We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Applicable Law
These Terms are governed by the laws of the United States of America and the applicable laws of the State of Massachusetts, without regard to conflict of law principles.

Arbitration
At 401(k) CRPA’s sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Florida under the Rules of Arbitration of the American Arbitration Association applying Florida law.

Waiver and Severability
No waiver by 401(k) CRPA of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of 401(k) CRPA to assert a right or provision under these Terms shall not constitute a waiver of such right or
provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.