Terms and Conditions of Use
flexPATH Strategies, LLC ("flexPATH") owns and operates the internet website located at (collectively, the flexpathstrategies.com ("Website"). As used herein, the terms "you," "your" and "yours" refer to the user or registered user using this Website. The terms "flexPATH," "we," "us" and "our" refer to flexPATH and its related or affiliated companies.
Last Updated: January 2022
Your continued access and use of the Website are conditional on your acceptance of and continued compliance with the terms and conditions of use set out below, as well as those applicable terms and condition in the agreement between us and your employer (collectively, the "Terms and Conditions"). These Terms and Conditions will govern your use of any new features that augment or enhance the current services (together the "Services"). In addition to these Terms and Conditions and any additional terms, the flexPATH Website Privacy Notice (“Privacy Notice”), will govern how personal information you submit on this Website will be used, and together they form the agreement between you and us (the Terms and Conditions, together with the Privacy Notice, the "Agreement"). Nothing in this Agreement will be deemed to confer any third-party rights or benefits. THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
By accessing, browsing, using and/or downloading the pages in this Website, you agree to accept and comply with this Agreement for each use and visit to this Website. If you do not agree to accept and comply with this Agreement, you should not access, browse or otherwise use this Website.
We reserve the right, at any time, to modify, alter or update this Agreement, and you agree to be bound by such modifications, alterations or updates ("Modifications"). Such Modifications will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail. Your use of this Website following any such Modification constitutes your agreement to follow and be bound by this Agreement, as modified.
This Agreement shall apply to all users of the Website. As a user, you represent and warrant that you either have reached the age of majority in your jurisdiction of residence, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
You may not use this Website for any false or fraudulent purpose. You are also forbidden from using this Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. You may not use any device, software, document, method or routine that interferes or attempts to interfere with the normal operation of this Website.
You may not use this Website for any commercial, financial or other similar purpose without the express prior written consent of flexPATH. flexPATH reserves the right, at any time and without advance notice or liability, to terminate your access to this Website or any component therein.
You are solely responsible for providing, maintaining and ensuring compatibility with this Website, all hardware, software, electrical and other physical requirements for your use of this Website, including, without limitation, telecommunications and Internet access connections, Web browsers or other equipment, programs and services required to access and use this Website.
You are prohibited from violating or attempting to violate any security features of this Website, including, without limitation, (a) accessing content of data not intended for you, or logging onto an area with someone else’s credentials, (b) attempting to probe, scan or test the vulnerability of the Website or any associated system or network, or to breach security or authentication measures without proper authorization, (c) interfering or attempting to interfere with the use of the Website as to any user, host or network, including, without limitation, by means of submitting a virus to the Website, overloading, "flooding," "spamming," "main bombing" or "crashing," (d) using the Website to send unsolicited email, including, without limitation, promotions or advertisements for products or services, (e)forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Website and its functionality or (f) attempting to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Website or service. Any violation of system or network security may subject you to civil and/or criminal liability.
The content of this Website is provided for informational and educational purposes only, with the understanding that flexPATH is not rendering investment, financial, legal, accounting or other professional advice on specific matters. We recommend that you consult your professional advisors with respect to your individual situation.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, flexPATH, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF flexPATH ARE EXCLUDED FROM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE WEBSITE, ANY OTHER MATTER RELATED TO THIS WEBSITE AND ANY WEBSITES OR WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES OR WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITE OR WEBSITE LINKED TO THE WEBSITE.
YOU AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS WEBSITE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND THAT YOUR SOLE REMEDY IS TO CEASE USE OF THE WEBSITE.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
While flexPATH endeavors to ensure that this Website is available at all times, flexPATH will not be liable if, for any reason, this Website is unavailable at any time or for any period.
THIS WEBSITE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, INCLUDING THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, WHICH flexPATH EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE FROM USE OF, OR INABILITY TO USE, THE WEBSITE. flexPATH DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
You agree to indemnify, defend and hold harmless flexPATH, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third-party claims, losses, liability, damages and/or costs, including reasonable attorneys' fees and costs, arising from your access to or use of the Website, your violation of these terms and conditions, or your infringement, or infringement by any other user on your behalf, of any intellectual property or other right of any person or entity. flexPATH will notify you in writing of any such claim, loss, liability or demand.
Links to third-party websites or applications are provided for your convenience and information only. The content in any linked websites or applications is not under our control and we are not responsible for it.
We reserve the right to terminate a link to a third-party website or application at any time. The fact that we provide a link to a third-party website or application does not mean that we endorse, authorize or sponsor that website or application, nor that we are affiliated with the third-party website's or application’s owners or sponsors.
Intellectual Property Rights
All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trademarks, service marks and trade names, and the selection and arrangements thereof (collectively "Content") is, unless otherwise noted, subject to intellectual property rights, including copyrights and trademarks held by or licensed by flexPATH. Except as expressly provided in this Agreement, no license to use, copy, distribute, republish, transmit or otherwise exploit any Content is given to you, and all intellectual property rights in and to the Content are expressly reserved to flexPATH.
Notwithstanding the forgoing, you may print a copy of the information contained on the Website for your personal use; however, you may not reproduce or distribute the text or graphics contained in this Website to others or substantially copy the information to your own server, or link to this Website, without the prior written permission of flexPATH. You may request permission by contacting the Office of the General Counsel at 212-301-4000 or by fax to 212-301-4001 or email at firstname.lastname@example.org.
Other parties' trademarks, copyrights and service marks that may be referred to are the property of their respective owners. Nothing on this Website should be construed as granting, by implication, waiver, estoppel or otherwise, any license or right to use any trademark without our written permission. Neither the name of flexPATH nor our logo may be used in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without prior written permission. You are not authorized to use our logo as a hyperlink to this Website unless you obtain our written permission in advance.
No Provision of Investment Advice or Solicitation of Offers
Nothing on this Website constitutes investment advice. In addition, our Website content is not an offer to sell or a solicitation of any offer to buy any security or any insurance product. No security offered is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities law or other laws of such jurisdiction. No such security is offered or will be sold in any jurisdiction by an entity which is not properly licensed to do so in such jurisdiction.
Under no circumstances should you regard any information you may access in this Website as a recommendation, advice or complete description of any products, service or plan. An insurance quote may be subject to receipt of additional information or other conditions. Insurance coverage is provided by various insurance companies and is subject to the terms and conditions of the policies. Circumstances vary, and you must carefully review such insurance policies and consult with your insurance advisors.
This Website is not intended as a solicitation for insurance or financial products in any state or province where flexPATH or is not licensed.
For certain aspects of the Website, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You may never use another’s account without permission. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify flexPATH in the event your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. flexPATH may refuse to grant a particular username to you for any reason.
flexPATH reserves the right to deny or revoke access to this Website, or any part thereof, or to otherwise terminate a user's access to its Website, at any time in its sole discretion, with or without cause and without notice to you.
Tax Advice Disclosure
Any tax advice contained on our Websites, including any Websites owned, operated or sponsored by any of our subsidiaries, unless otherwise specifically stated, is not intended or written to be used and cannot be used for the purpose of (1) avoiding penalties under U.S. tax laws or (2) promoting, marketing or recommending to another party any matters addressed herein.
Dispute Resolution, Governing Law and Jurisdiction
Dispute Resolution Generally: BY USING THIS WEBSITE, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEBSITE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR – AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK – PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM-FOR-MONEY DAMAGES (IF ANY), AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Arbitration: Any controversy or claim arising out of your use of the Website and/or any purchase made through the Website shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, flexPATH will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor flexPATH shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within 60 days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT DOWNLOAD AND/OR USE THIS APP IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
Governing Law & Jurisdiction: ALL DISPUTES IN CONNECTION WITH WEBSITE AND USE OF THE WEBSITE, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS RULES THEREOF, AND ANY MATTERS OR PROCEEDINGS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH ABOVE SHALL TAKE PLACE IN THE STATE OF NEW YORK IN THE STATE OR FEDERAL COURTS IN NEW YORK COUNTY, NEW YORK AND YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver thereof, and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Website for illegal purposes will be provided to law enforcement authorities. This Agreement constitute the entire agreement between the parties relating to the use of this Website and supersedes and replaces any prior agreement and communication between the parties relating thereto.