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Disclaimer/Terms of Use/Subscriber Agreement
Please read these terms and conditions of use required by Guide My 401k carefully. By using this site, you signify your acceptance of the Terms. If you do not agree to these Terms, you should immediately discontinue any use of this site.
Disclaimer
The material provided by Guide My 401k is for general information purposes only. This information is not intended as investment advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund. The opinions and analyses included in the Information are based from sources believed to be reliable and written in good faith, but no representation or warranty, expressed or implied is made as to their accuracy, completeness or correctness. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment. Further, performance in the past is no guarantee of that in the future, and subscriber understands that all historical results appearing on this web site or in electronic communications are the results of back-testing, and as such are hypothetical.
Terms of Use
By accessing and using the Guide My 401k service, the Information on this web site (the "Site") or Electronic Communications, you are agreeing to be bound by these terms of use, conditions and disclaimer ("Terms of Use") and all applicable laws and regulations. If you do not agree with any part of these Terms of Use, you must immediately discontinue any use of the Site. These Terms of Use may change from time to time without notice and it is your responsibility to check for updates. By using this Site you are agreeing to be bound by the, then current version of these Terms of Use. Any reference to Guide My 401k in this document shall mean W. E. Sherman and Company, LLC, and this document shall operate as a legal agreement between subscriber and W. E. Sherman and Company, LLC.
Payment/Automatic Renewal
You agree to be charged at the time of subscription based on the type of plan you have selected. Your subscription will be renewed automatically and billed to your credit card at the beginning of each subscription period until you cancel the service. You may cancel at any time by following the procedure described in our Refund/Cancellation Policy below. The monthly subscription plans are renewed on 30-day intervals and the yearly ones on 365-day intervals.
Refund/Cancellation Policy
Our service comes with an unconditional 30-day money back guarantee for first time subscribers. If you are not satisfied for any reason in the first 30 days, we will be glad to issue a refund. In order to prevent abuse of our refund policy, please note that our 30-day money back guarantee is only applicable to customers subscribing for the first time.

Once the 30-day money back guarantee period is over, there is no refund. You can cancel your subscription at any time by sending a cancellation request to sales@guidemy401k.com (please specify your User ID in the message) or by using the account management features of the Site. Upon notification of cancellation, Guide My 401k will immediately stop charging your credit card and no additional charges will occur. Your subscription will remain active until the end of the period already paid for. We do not issue a prorated refund when a yearly subscription is cancelled.

IT IS YOUR RESPONSIBILITY TO INITIATE THE REFUND/CANCELLATION REQUEST AND TO FOLLOW-UP IF IT IS NOT ACKNOWLEDGED.

Restriction on Use/Limited License
Guide My 401k grants you a limited non-exclusive, non-transferable license to use, display on your computer, download and print short extracts of the Information for your own personal and non-commercial purposes only, provided that:

  • You do not modify any of the Information
  • You can not download any of the Information for use in third party programs
  • All copyright and other proprietary notices are retained
  • You abide by these Terms of Use
  • You do not make the information available to third parties

No other use of the Information is permitted. Without limiting the generality of the foregoing, you may not:

  • Copy, distribute, transmit, display, perform, reproduce, publish, license, sublicense, create derivative works from, transfer or sell any of the Information
  • Use any of the Information for any commercial purpose, or for any public display (commercial or non-commercial)
    • Include any of the Information or reference thereto in or with any information, product or service that you create, distribute or provide
  • Copy or transfer any of the Information onto your own Web site or any other Web site or server

Guide My 401k retains the right to terminate at any time, and without cause, subscription access to our services.

If you wish to obtain a license to use some or all of the Guide My 401k service for commercial purposes, please contact us at sales@guidemy401k.com. Attractive rates are available for financial professionals, providing access to the entire breadth of the Guide My 401k service.

No Financial Advice
The Information is provided for information purposes only. The Information is not intended to be and does not constitute financial advice or any other advice. The Information is general in nature and is not specific to you. You should not make any decision, financial or otherwise, based on any of the Information without undertaking your own due diligence. You agree that any and all use of the Information, which you make, is solely at your own risk and without recourse to Guide My 401k or the content Providers. Further, you acknowledge that you understand that Guide My 401k is not a licensed Financial Adviser, Financial Analyst, Financial Bank, Securities Broker, Dealer nor Financial Planner. Further, any contributors to Guide My 401k who may also be licensed Investment Advisers are not acting in the capacity of Investment Adviser in their roles as contributors to Guide My 401k. Guide My 401k is not a fiduciary, and does not act as a fiduciary in the provision of this subscription service.
No Warranties
Guide My 401k does not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the Information or of any product or services referenced on the Site. Guide My 401k assumes no obligation to update the Information or advise on further developments concerning topics mentioned. The Site and the Information may be changed from time to time without notice. The Site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions.

Guide My 401k IS PROVIDING THIS SITE AND THE INFORMATION ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SITE OR THE INFORMATION OR WITH RESPECT TO THE USE OR SUITABILITY OF THE SITE OR THE INFORMATION FOR ANY PURPOSE. THE INFORMATION MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER ERRORS.

Guide My 401k disclaims all warranties, representations and conditions regarding the Site and the Information, including, without limiting the generality of the foregoing, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from libelous or privacy-invasive content, freedom from infections of viruses and availability, whether expressed or implied, or arising from a course of dealing, usage or trade practice.

Disclaimer of Liability
Guide My 401k, its employees, directors, agents, the content Providers and any other parties involved in the creation, production or delivery or marketing of the Site or the Information disclaim any responsibility and shall not, in any event, be liable for any damages, claims, liabilities, costs or obligations including any indirect, punitive, special, incidental or consequential damages, including without limitation, loss of use, loss of data, loss of business profits, loss of opportunity, business interruption, personal injury or any other pecuniary loss (collectively the "Damages") whatsoever and howsoever caused, arising out of or in connection with the use or misuse of the Site or the Information or with the delay or inability to use the Site or the Information, whether such Damages arise in contract, tort, strict liability, negligence, equity or statute law or by way of any other legal theory, even if Guide My 401k has been advised of the possibility of damages. Guide My 401k liability shall be strictly limited to those monies paid-to-date by subscriber.

Guide My 401k disclaims any liability for unauthorized use or reproduction of any portion of the Information or the Site.

About Hypothetical Results
HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY SUBSCRIBER WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN; IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK OF ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT TRADING RESULTS.

ALL PERFORMANCE TABLES AND CHARTS APPEARING ON THIS SITE OR IN ELECTRONIC COMMUNICATIONS ARE HYPOTHETICAL IN NATURE AND DO NOT REPRESENT TRADING IN ACTUAL ACCOUNTS.

ALTHOUGH WE HAVE MADE EVERY EFFORT TO ACCOUNT FOR HOLD TIME RESTRICTIONS THAT MAY BE IMPOSED BY THE FUND COMPANIES PROVIDING THE PLAN FUNDS, THERE MAY BE INSTANCES IN WHICH CHANGES MADE TO MODEL PORTFOLIOS CONFLICT WITH SUCH MINIMUM HOLD TIME REQUIREMENTS.

THE HYPOTHETICAL RESULTS ARE BASED UPON THE FUND LINEUP AVAILABLE IN THE VARIOUS 401K PLANS AS OF JUNE 30, 2007, AND WERE ASSUMED TO HAVE BEEN PART OF THE PLANS FROM JANUARY 1, 1999 OR THE FIRST DATE OF PUBLIC FUND AVAILABILITY, WHICHEVER CAME LATER. ADDITIONALLY, ADMINISTRATIVE, INSURANCE OR OTHER FEES THAT MAY BE ASSESSED TO THE PLAN AS A WHOLE ARE NOT REFLECTED IN THE HYPOTHETICAL PERFORMANCE RESULTS.

FOR PERIODS WHEN THE MODEL INDICATES CASH POSITIONS, INTEREST ON THE CASH HAS BEEN CALCULATED AT THEN-CURRENT MONEY MARKET RATES.

Electronic Communications
It is the sole responsibility of the subscriber to provide Guide My 401k with an accurate and current e-mail address(es), and keep subscriber profile updated. Subscriber understands that Guide My 401k will communicate with subscriber at its own discretion, and that it has no obligation to do otherwise. In the event that Guide My 401k communicates with subscriber it makes no representations, and strictly disclaims any responsibility that said communication will be actually received by subscriber.
Links
This Site may contain links to other Internet sites. Such links are provided for reference only and were independently developed by parties other than Guide My 401k. Guide My 401k is not responsible for the contents of any such linked sites and does not assume any responsibility for the accuracy or appropriateness of the information contained at such sites. The inclusion of any link does not imply endorsement by Guide My 401k of the site. Use of any such linked site is at the user's own risk.
No Endorsement
Reference to any third party information, product, process or services at this Site or any linked site is not an expressed or implied endorsement by Guide My 401k.
Subscription Based Content
Some contents and/or services on this Site may be offered to you conditioned on your payment of subscription fees. If you elect to purchase subscription-based content/services and transmit to Guide My 401k a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur. All payments are due and owing in St. Louis County, Missouri. You agree that these Terms of Use will apply to your subscription. You also agree to be bound by any additional terms of use, conditions and disclaimers that may be required by Guide My 401k or any content Providers from time to time. This Site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although Guide My 401k makes every reasonable effort to minimize such downtime, Guide My 401k does not guarantee 100% availability of the Site.

Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges based on unauthorized use.

No Solicitation
No part of this Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on this Site may only be available in certain areas or jurisdictions. Any products or services mentioned on this Site are made available in accordance with local laws and only where they may be lawfully offered for sale.
Confidentiality Warning
Absent the use of encryption, the Internet is not a secured medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Guide My 401k will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you may make to Guide My 401k through the Internet, or that you expressly or implicitly authorize Guide My 401k to make, or for any errors or any changes made to any transmitted information.
Computer Viruses
While efforts are made to ensure that the Information provided at this Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
Conformance with Law
You agree that your use of this Site will not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree not to impersonate any person in your use of the Site or the sending of any e-mail to an address listed on the Site.
Severability
If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms of Use will still be valid.
Governing Law
The laws of the State of Missouri will govern as to the interpretation, validity and effect of these Terms of Use and as to any dispute or claim based on your use of the Site or the Information, notwithstanding any conflict of laws provisions of your domicile, residence or physical location.
Legal Forum
Any dispute between the parties that results in litigation shall be exclusively heard in the Courts sitting in St. Louis County, Missouri.

If you have any questions or concerns, please contact us by e-mail at support@guidemy401k.com

If you do not agree to be bound by the above document, you should immediately discontinue any use of this Site.
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