Small Business 401k
Small Business 401k

Legal Notes

 

General comments

While Pension Systems Corporation offers Small Business 401k clients information to help them make informed decisions about the variable aspects of their 401k plans. Pension Systems Corporation is not a financial advisor and should not be considered as such. Companies are strongly advised to consult with a professional tax and/or investment advisor before establishing a company 401k - or any other retirement savings plan, for that matter. All of the information in this web site is for informational purposes only. All viewers agree to these provisions in viewing any of the information in this web site.

Regarding trademarks, patents and copyrights

The Small Business 401k software is both patented (US Patent 6041313) and patent pending in the United States and Canada. Pension Systems Corporation, Small Business 401k, 401(k) Easy Pro, Advisors 401(k), Run-It-Yourself 401k, Self-Service 401k, Payroll IRA Easy, 401(k) E Z, Pension Motor Corporation, Quick-Tab 401(k), Pension Service Corporation, 403(b) Easy, and Panted, Inc., are Registered Trademarks.

The software, publications and support are provided by Pension Systems Corporation for Licensee's exclusive use pursuant to the terms in the Pension Systems Corporation User License Agreement. Pension Systems Corporation claims copyright and trademark protection for all Software and copyright for all such publications and videos. Should the User License Agreement be terminated for any reason, the right of Licensee to use Pension Systems Corporation-supplied software, publications and support shall be revoked. Unauthorized use of software and/or publications constitutes copyright infringement, subjecting violator(s) to both civil and criminal penalties under federal law.

This web site and all Pension Systems Corporation software, publications and videos are protected by claim of copyright.

Regarding warranties

All material is provided "as is" without any expressed or implied warranty of any kind, including warranties of merchantability, non infringement, of intellectual property or fitness for a particular purpose. The 60-day money-back guarantee on the Small Business 401k system does not apply to one-time setup costs.

In no event shall Pension Systems Corporation or its affiliated companies be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption and/or loss of information) arising out of the use of or inability to use the materials, even if Pension Systems Corporation has been advised of the possibility of such damages; because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, such a limitation may not apply to you.

Pension Systems Corporation cannot warrant the accuracy or completeness of its web site's information, text, graphics, links or other items.
Pension Systems Corporation may make changes to any aspect of this web site at any time.
Pension Systems Corporation makes no commitment to update this web site at any time.

Pension Systems Corporation has no duty to perform any action other than those specified in its User License Agreement. Pension Systems Corporation has no duty to determine or advise Licensee of the investment, tax or other consequences resulting from Licensee's own actions or inactions involving Licensee's company's qualified plan(s). Pension Systems Corporation is not responsible or liable for the investment, tax or other consequences resulting from any of Licensee actions, or from Pension Systems Corporation's actions in following any of Licensee's directions or from Pension Systems Corporation's inaction in the absence of any directions from Licensee.

Regarding applicable laws

This web site is controlled and operated by Pension Systems Corporation from its central office, which is in Los Angeles, CA, USA. Pension Systems Corporation makes no representation that information (text and/or graphic) in the site is appropriate or available for use in other locations; access to the site from territories where the site's contents is illegal is prohibited.

Anyone who accesses this web site does so on his or her own initiative and is responsible for compliance with applicable local laws.
Exporting any aspect of this web site in violation of U.S. export laws and regulations is prohibited.
Any claim to any aspect of this web site shall be governed by the internal substantive laws of the State of California.

Regarding this web site and sites linked to tt

The information contained in this web site is the property of Pension Systems Corporation and is protected by copyright. In viewing any part of this web site (in any form) or either the demo or full version of the actual Small Business 401k software, viewers agree not to copy, reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, commercially exploit, modify or post the information in any way without the express written consent of Pension Systems Corporation Viewers furthermore agree not to use the information, in whole or in part, for any unlawful purpose, and to comply with reasonable written requests by Pension Systems Corporation to protect our contractual, statutory and common law rights in the information and services contained in this web site.

Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Pension Systems Corporation may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Pension Systems Corporation does not grant any express or implied right to any viewer or customer under any patents, copyrights, trademarks, or trade secret information. Other rights can be granted to viewers/customers in writing.
Pension Systems Corporation makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Pension Systems Corporation web site, please understand that it is independent from Pension Systems Corporation and that Pension Systems Corporation has no control over the content on that web site. In addition, a link to a non-Pension Systems Corporation web site does not mean that Pension Systems Corporation endorses or accepts any responsibility for the content or use of such a site. It is up to you to take precautions to ensure that whatever you select for your use is free of such destructive items as viruses. IN NO EVENT WILL Pension Systems Corporation BE LIABLE TO ANY PARTY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ON ANY OTHER LINKED WEBSITE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOU INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Regarding information you transmit to us (by any means)

Information we request from you is designed to help us serve your needs. Pension Systems Corporation does not provide any personally identifying information submitted to us (via e-mail or any other means) to any third party.

You can help us maintain the accuracy of your information by notifying us if there are any changes in your company's address, contact personnel, company phone number, e-mail address, etc.

Regarding mutual funds, brokerage accounts, investing and NASD license information

Pension Systems Corporation does not endorse any mutual fund company, nor does mention of any mutual fund company name imply that company's endorsement of Pension Systems Corporation or Small Business 401k (TM). Some mutual fund companies listed in this web site may not accept 401k purchases from the Small Business 401k system.

Pension Systems Corporation does not recommend any investment advisory service or product, nor does it offer any advise regarding the nature, potential value or suitability of any particular security transaction or investment strategy.

Mutual fund companies open and close portfolios all the time, often without warning. While we do our best to keep our fund family listings up to date, we cannot guarantee that any listing is totally current.

Material presented in this web site is for information purposes only; it does not imply an endorsement of any investments mentioned nor of any particular investment mix.

No offer of solicitation to buy or sell any of the securities listed in this web site is being made by Pension Systems Corporation, and there is no guarantee, either stated or implied, that any investments listed will perform as successfully in future years as they may have in past years.

Neither Pension Systems Corporation nor any of the information contained in this web site is intending to supply investment, tax, or legal advice.

Investing always involves a degree of risk. The wise investor assesses the risk-reward relationship before investing or allocating funds, an assessment that involves reviewing fund prospectuses. It is strongly recommended that investors read the mutual fund prospectuses for relevant investments before making any investment selections. Prospectuses are available from Pension Systems Corporation (818-501-4015), any other NASD Broker-Dealer, or from the mutual fund companies themselves; mutual fund company telephone numbers are provided with their investment listings.

As stated above, investing always involves a degree of risk. You agree in viewing this web site or any of its information to defend, indemnify and hold harmless Pension Systems Corporation, Pension Service Associates Securities, their information providers and information transmitter from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney's fees) arising from your violation of the below User License Agreement or of any third-party's rights, including but not limited to infringement of any privacy rights.

An NASD Broker-Dealer, Registered Investment Advisor, BD agent or IA rep may only transact business in a particular state after licensure or satisfying qualifications requirements of that state, or only if they are excluded or exempted from the state's broker-dealer, investment advisor, BD agent or IA rep requirements, as the case may be. Some states allow NASD-Registered Broker-Dealers to perform a limited number of transactions without state registration.

Follow-up, individualized responses to consumers in a particular state by a broker-dealer, investment advisor, BD agent or IA rep that involve either the effecting or attempting to effect transactions in securities or the rendering of personalized investment advice for compensation, as the case may be, shall not be made without first complying with the state's broker-dealer, investment advisor, BD agent or IA rep requirements, or pursuant to an applicable state exemption or exclusion.

If an investment advisor is registered with the SEC, states may not require registration, licensing, or qualification of the investment advisor or his or her supervised persons, except that states may license, register or otherwise qualify IA reps who have a place of business located within the state.

If an investment advisor does not qualify for SEC registration, in most states his or her actions are governed by state laws. State registration authority is limited, however, by a national de minimis standard that prohibits the laws of any state requiring registration, licensing or qualification as an investment advisor if the advisor does not have a place of business located in the state and during the prior 12 months had five or fewer clients residing in the state.

Federal and state securities laws are designed to ensure that, prior to any direct communication between a broker-dealer or investment advisor and a prospective client residing in a particular state, the broker-dealer or investment advisor must first be registered in the state, or must qualify for an exemption from such requirement.

Internet communications of regulated investments must contain a mechanism, including and without limitation, technical "firewalls" or other implemented policies and procedures, designed reasonably to ensure that prior to any subsequent, direct communication with prospective customers or clients in any state, said broker-dealer, investment adviser, BD agent or IA rep is first registered in the state or qualifies for an exemption or exclusion from such requirement. Nothing in this paragraph shall be construed to relieve a state registered broker-dealer, investment advisor, BD agent or IA rep from any applicable securities registration requirement in any state.

Internet communications cannot involve either effecting or attempting to effect transactions in securities, or the rendering of personalized investment advice for compensation, as may be, in any state over the Internet, but is limited to the dissemination of general information on products and services.

For information concerning the licensure status or disciplinary history of a broker-dealer, investment advisor, BD agent or IA rep, a consumer should contact his or her state securities law administrator or the NASD at 800-289-9999 or through www.nasd.com (click on Investor Services, then About Your Broker, then The NASD Public Disclosure Program).

Regarding general information

Matters Outside the Responsibility of Pension Systems Corporation
Pension Systems Corporation has no duty to perform any action other than those specified in Pension Systems Corporation User License Agreement. Pension Systems Corporation has no duty to determine or advise Licensee of the investment, tax or other consequences resulting from Licensee's own actions or inactions involving Licensee's company's qualified plan(s). Pension Systems Corporation is not responsible or liable for the investment, tax or other consequences resulting from any of Licensee actions, or from Pension Systems Corporation's actions in following any of Licensee's directions or fro Pension Systems Corporation's inaction in the absence of any directions from Licensee.

Patent & Trademark Protection
The Software is both patented and patent pending in the United States and Canada. Pension Systems Corporation, 401(k) Easy, Small Business 401k, and 401(k) Easy Pro, Advisors 401(k), Run-It-Yourself, Self-Service, Payroll IRA Easy, 401(k) E Z, Pension Motor Corporation, Quick-Tab 401(k), Pension Service Associates, 403(b) Easy, and Panted, Inc. are Registered Trademarks.

Copyright Protection & Limitation of Use
The Software, Publications and Support are provided by Pension Systems Corporation for Licensee's exclusive use pursuant to the terms of terms in the Pension Systems Corporation User License Agreement. Pension Systems Corporation claims patent, copyright and trademark protection for all Software and copyright for all Publications and Videos. Should the User License Agreement be terminated for any reason, the right of Licensee to use Pension Systems Corporation-supplied Software, Publications and Support shall be revoked. Unauthorized use of Software and/or Publications constitutes copyright infringement, subjecting violator(s) to both civil and criminal penalties under federal law.

Regional Prototype Plan & Adoption Agreement
If Licensee adopts the Regional Prototype Plan by completing an Adoption Agreement, the following terms shall apply:

Licensee cannot make any modifications or changes to the text of the Regional Prototype Plan or the Adoption Agreement.
Licensee must notify Pension Systems Corporation in writing of any changes to the options selected in the Adoption Agreement.
If Pension Systems Corporation terminates the Pension Systems Corporation User License Agreement or Licensee fails to renew license for Software, Publications and Support, Licensee's plan will be treated as an individually designed plan if the Licensee is continuing to maintain it and has not replaced it with another Regional Prototype Plan.

Trade Secret Protection & Limitation of Use
By accepting the Pension Systems Corporation User License Agreement, Licensee understands and acknowledges that Pension Systems Corporation's trade secrets consist of information, materials, computer programs and methodologies that are valuable and not generally known by Pension Systems Corporation's competitors. Disclosure of trade secrets includes:

(a) information and materials relating to Pension Systems Corporation's accounting, allocating and processing

(b) marketing, cost, pricing information and customer lists. Employer shall make use of Pension Systems Corporation's trade secrets only for the purposes specified and described in the Pension Systems Corporation User License Agreement. In consideration of Pension Systems Corporation's disclosure of its trade secrets to Licensee, Licensee agrees to treat Pension Systems Corporation's trade secrets with the same degree of care and safeguards taken with his or her own trade secrets, but in no event less than a reasonable degree of care. Licensee agrees that without Pension Systems Corporation's prior written consent.

Licensee will not:

(a) disclose Pension Systems Corporation's trade secrets to any third party,

(b) make or permit to be made copies or other reproductions of Pension Systems Corporation trade secrets, or

(c) make any commercial use of Pension Systems Corporation trade secrets.

Licensee will not disclose Pension Systems Corporation's trade secrets to employees, agents or consultants unless they have the need to know the information in connection with their employment or consultant duties and they personally agree in writing to be bound by the terms of the Pension Systems Corporation User License Agreement.

Injunction Relief: Licensee acknowledges that the Software contains proprietary trade secrets of Pension Systems Corporation and hereby agrees to maintain the confidentiality of the Software using at least as great a degree of care as Licensee uses to maintain the confidentiality of Licensee's own most confidential information. Licensee acknowledges that the disclosure of any aspect of the Software, of any other confidential information referred to herein, or of any information which, at law or in equity ought to remain confidential, will immediately give rise to continuing irreparable injury to Pension Systems Corporation inadequately condensable in damages at law. Accordingly, Pension Systems Corporation may immediately terminate the Pension Systems Corporation User License Agreement, including all license rights granted therein, in the event Licensee breaches any of its material confidentiality obligations regarding the Software, Publications and Support. In addition, Pension Systems Corporation is entitled to obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing undertakings, in addition to any other legal remedies which may be available and Licensee hereby consents to the obtaining of such injunctive relief.

The user license agreement

View the User License Agreement (will open in a separate window).

Regarding Pension Systems Corporation privacy pledge

At Pension Systems Corporation the interests of our clients always come first. As part of our firm's long tradition of trust, the confidentiality of client information has been and will continue to be paramount. We maintain high standards to safeguard your personal financial information at all times, and we will remain vigilant in protecting that information. We collect personal financial information to operate prudently and to meet legal and regulatory requirements. We never rent or sell your name or other personal financial information. We will only share certain information with companies not in our corporate family ("nonaffiliated third parties") as permitted by law for the purpose of servicing your financial needs. The recipients of that information are required to protect the confidentiality and security of that information and may not reuse it for any other purpose.

Questions and Answers About the Pension Systems Corporation (PSC) Privacy Practices:

1. How does PSC protect the confidentiality and security of your information?

People. We restrict access to your personal financial information to personnel who need that information to provide you with our products and services. Our employee communications also reinforce our privacy policies.
Policies and Procedures. We maintain and monitor our physical, electronic and procedural safeguards, updating them as needed so that we may guard your personal information.
Security. We use leading security and encryption methods to help us identify and prevent data breaches and unauthorized disclosure of your personal financial information.

2. What information do we collect from and about you?

Depending on the nature of your relationship with us, we must obtain certain information to meet legal and regulatory requirements. In all cases, we collect only personal financial information that is either required or necessary to provide personalized financial services to you. We obtain information about you from application and other forms, such as name, address, Social Security number, telephone number and income. We collect information about your financial transactions, such as securities bought and sold, Visa and checking transactions, and fund transfers, with companies in our corporate family ("affiliates"). We may obtain information about you from third parties, such as a consumer report from a consumer reporting agency. We may verify income, identity or asset information about you.

3. What information do we disclose to affiliates about you?

We may disclose some or all of your personal information to our corporate affiliates, including transfer agents, banks, insurance companies and agencies, trust companies, mortgage bankers, securities broker-dealers; and investment advisers. We do this in order to offer you a broad range of products and services and to comply with applicable regulations.

4. What information do we disclose to nonaffiliated third parties about you?

Pension Systems Corporation will, as necessary, use various services from nonaffiliated third parties. We use these external service providers for the purpose of supporting the financial products and services we provide to you. For example, we provide information to external service providers so that your account statements can be printed and mailed. These parties must agree to comply with stringent security and privacy policies and procedures. We may also disclose information to government agencies and regulatory organizations when permitted or required by law.

5. What information do we disclose about former clients and to whom?

We may disclose some or all of a former client's personal information to government agencies and self-regulatory organizations when permitted or required by law, such as when required to file abandoned property reports and to comply with subpoenas and other official governmental requests. If a former client had a loan with us, we may report the performance of that loan to consumer reporting agencies.