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While 401(k) Pro, Inc. offers MDB401k clients information to help them make informed decisions about the variable aspects of their 401k plans, 401(k) Pro, Inc. 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 website is for informational purposes only. All viewers agree to these provisions in viewing any of the information in this website.
MDB401k is a registered trademark. All rights are owned by Mydiscountbroker.com.
The MDB401k software and system are patented to 401(k) Pro, Inc.
This website and all 401(k) Pro, Inc. software, publications and videos are protected by claim of copyright.
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All material is provided "as is"" without any expressed or implied warranty of any kind, including warranties of merchantability, noninfringement, of intellectual property or fitness for a particular purpose. The 60-day money-back guarantee on the MDB401k system does not apply to one-time setup costs.
In no event shall 401(k) Pro, Inc. or its affiliated companies or
Mydiscountbroker.com 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 401(k) Pro, Inc. 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.
-- 401(k) Pro, Inc. cannot warrant the accuracy or completeness of its website's information, text, graphics, links or other items.
-- 401(k) Pro, Inc. may make changes to any aspect of this website at any time.
-- 401(k) Pro, Inc. makes no commitment to update this website at any time.
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This website is controlled and operated by 401(k) Pro, Inc. from its central office, which is in Los Angeles, CA, U.S.A. 401(k) Pro, Inc. 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 website does so on his or her own initiative and is responsible for compliance with applicable local laws.
-- Exporting any aspect of this website in violation of U.S. export laws and regulations is prohibited.
-- Any claim to any aspect of this website shall be governed by the internal substantive laws of the State of California.
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The information contained in this website is the property of 401(k) Pro, Inc. and is protected by copyright. In viewing any part of this website (in any form) or either the sample or full version of the actual MDB401k 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 401(k) Pro, Inc. 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 401(k) Pro, Inc. to protect our contractual, statutory and common law rights in the information and services contained in this website.
-- Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. 401(k) Pro may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
-- 401(k) Pro, Inc. 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.
-- 401(k) Pro makes no representations whatsoever about any other website which you may access through this one. When you access a non-401(k) Pro website, please understand that it is independent from 410(k) Pro and that 401(k) Pro has no control over the content on that website. In addition, a link to a non-401(k) Pro website does not mean that 401(k) Pro 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 401(k) PRO 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.
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401(k) Pro, Inc. 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.
Material presented in this website 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 website is being made by 401(k) Pro, Inc., 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 401(k) Pro, Inc. nor any of the information contained in this website 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 applicable prospectuses before making any investment selections. Prospectuses are available through
Mydiscountbroker.com.
As stated above, investing always involves a degree of risk. You agree in viewing this website or any of its information to defend, indemnify and hold harmless 401(k) Pro, Inc., 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 End-User License Agreement or of any third-party's rights, including but not limited to infringement of any privacy rights.
An N.A.S.D. 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 N.A.S.D. at 800-289-9999 or through www.nasd.com (click on Investor Services, then About Your Broker, then The NASD Public Disclosure Program).
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Matters Outside the Responsibility of 401(k) Pro
401(k) Pro has no duty to perform any action other than those specified in 401(k) Pro End-User License Agreement. 401(k) Pro 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). 401(k) Pro is not responsible or liable for the investment, tax or other consequences resulting from any of Licensee actions, or from 401(k) Pro's actions in following any of Licensee's directions or from 401(k) Pro'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. 401(k) Pro, 401(k) Easy, and 401(k) Easy Pro, Advisors 401(k), Run-It-Yourself, Payroll IRA Easy, 401(k) E Z, Pension Motor Corporation, Quik-Tab 401(k), Pension Service Associates, 403(b) Easy, and Pentec, Inc. are Registered Trademarks.
Copyright Protection & Limitation of Use
The Software, Publications and Support are provided by 401(k) Pro for Licensee's exclusive use pursuant to the terms of terms in the 401(k) Pro End-User License Agreement. 401(k) Pro claims patent, copyright and trademark protection for all Software and copyright for all Publications and Videos. Should the End-User License Agreement be terminated for any reason, the right of Licensee to use 401(k) Pro-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:
1. Licensee cannot make any modifications or changes to the text of the Regional Prototype Plan or the Adoption Agreement.
2. Licensee must notify 401(k) Pro in writing of any changes to the options selected in the Adoption Agreement.
3. If 401(k) Pro terminates the 401(k) Pro End-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 401(k) Pro End-User License Agreement, Licensee understands and acknowledges that 401(k) Pro's trade secrets consist of information, materials, computer programs and methodologies that are valuable and not generally known by 401(k) Pro's competitors. Disclosure of trade secrets includes:
(a) information and materials relating to 401(k) Pro's accounting, allocating and processing
(b) marketing, cost, pricing information and customer lists.
Employer shall make use of 401(k) Pro's trade secrets only for the purposes specified and described in the 401(k) Pro End-User License Agreement. In consideration of 401(k) Pro's disclosure of its trade secrets to Licensee, Licensee agrees to treat 401(k) Pro'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 401(k) Pro's prior written consent,
Licensee will not:
(a) disclose 401(k) Pro's trade secrets to any third party,
(b) make or permit to be made copies or other reproductions of 401(k) Pro trade secrets, or
(c) make any commercial use of 401(k) Pro trade secrets.
Licensee will not disclose 401(k) Pro'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 401(k) Pro End-User License Agreement.
Injunction Relief: Licensee acknowledges that the Software contains proprietary trade secrets of 401(k) Pro 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 401(k) Pro inadequately compensable in damages at law. Accordingly, 401(k) Pro may immediately terminate the 401(k) Pro End-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, 401(k) Pro 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.
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401(k) Pro, Inc. (hereinafter "401(k) Pro") licenses its Software Programs, Publications, Video Products and Client Support Services, and all associated documentation, updates, additions and modifications to any of the foregoing (herein collectively referred to as the "Software") to the end user (hereinafter "Licensee") pursuant to the below terms and conditions. Do not order the Software until you have carefully read the following terms. By ordering the Software, you agree to be bound by the terms and conditions of this End-user License Agreement (the "Agreement").
License
401(k) Pro hereby grants to Licensee a non-exclusive, non-transferable license to load and execute a single copy of the Software for the duration of the calendar year in which Licensee pays the annual license fees for the Software.
License & License Restrictions
Licensee may use the Software for Licensee's own use only. Licensee may make an archival copy of the Software for the sole purpose of protecting Licensee's investment from loss. Making additional copies or duplicating the Software by any means, including electronic transmission, is prohibited. No identifying marks, copyright, patent or patent pending notices or proprietary rights notices may be altered or deleted from any copies of the Software. Licensee is further prohibited from giving copies of Software to another person or entity. Licensee may not copy or duplicate the videos or publications or the printed materials accompanying the Software, or print copies of any user documentation. The Software contains trade secrets, and Licensee may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Licensee may not modify, adapt, translate, rent, sublease, assign, loan, resell or network the Software or create derivative works based upon the Software or any part thereof.
Warranties
401(k) Pro warrants to Licensee only that the Software shall perform consistent with the published specifications. 401(k) Pro's sole obligation and liability under this warranty shall be to correct the Software, in reasonable time, to perform in accordance with the published 401(k) Pro specifications thereof, upon written notice of its failure to perform from the Licensee. Any modifications, maintenance or other changes to the Software by the Licensee or its agents and employees shall void this warranty but not the exclusions and waivers of warranties contained herein. 401(k) Pro does not warrant that the Software will meet Licensee's requirements or that its use will be uninterrupted or error-free. Except as expressly set forth in this paragraph, 401(k) Pro makes no warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Other than the limited express warranty set forth above with respect to the Software, Publications and Support, the entire risk as to the quality and performance of the Software, Publications and Support is with Licensee. In the event that 401(k) Pro fails to remedy defects in the Software, Licensee's sole remedy shall be to receive a refund of the current year's license fees for the Software.
Disclaimer of Warranties
Except for the foregoing limited warranty, the Software is provided AS IS. 401(k) Pro, to the maximum extent permitted by applicable law, disclaims all other representations and warranties, express or implied, regarding the Software, including its fitness for a particular purpose, quality, accuracy, merchantability and non-infringement. 401(k) Pro does not represent or warrant that the Software is free from bugs, errors or other program limitations or that the Publications or Support Services are free from errors. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to ten (10) days from the date of purchase of the Software. However, some states do not allow limitation on how long an implied warranty lasts, so the above limitation may not apply to Licensee. This warranty gives Licensee specific legal rights, and Licensee may have other rights which vary from state to state.
Limitation of Liability & Damages
The entire liability of 401(k) Pro or any third party relating to the Software shall be limited to the amount paid in the current year by the Licensee for the Software. To the maximum extent permitted by applicable law, 401(k) Pro, its affiliates, licensors, participating financial institutions, third party content or service providers, distributors, dealers and suppliers are not liable for any indirect, special, incidental or consequential damages (including but not limited to damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if 401(k) Pro or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the limitation or exclusion, in which case it may not apply to Licensee.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Licensee and 401(k) Pro. 401(k) Pro would not have provided this product without such limits.
Information about MDB401k
401(k) Pro has no control over Licensee's use of the Software. 401(k) Pro does not and cannot warrant the performance or results that may be obtained by their use. 401(k) Pro does not represent, warrant, or guarantee the accuracy and timeliness of the data or information contained in the Software and shall have no liability of any kind whatsoever to Licensee, or to any other party, on account of any inaccuracies in or untimeliness of the data or information. Nor does 401(k) Pro have any obligations to Licensee to correct such data or information or any errors contained in the Software. Various information in the Software constantly changes, and the information may not be current or accurate. The Software should not be used without confirming research from other sources, obtaining up-to-date information, and separate analysis by the Licensee of his or her own particular investment or tax situation or record keeping application. Moreover, the Software does not recommend or endorse any specific investment or any particular mutual fund, nor does the Software offer specific tax, legal or investment advice or strategies. Prior to any investment, Licensee should consult professional advisers such as his or her accountant, attorney or investment broker for this advice and prospectus, and read the prospectus carefully before making any investment decisions or sending money.
U.S. Government Restricted Rights
Software and documentation delivered subject to the DOD FAR Supplement is "commercial computer software" and its use, duplication or disclosure shall be subject to the licensing restrictions set forth in this Agreement. Otherwise, Software and documentation delivered subject to the Federal Acquisition Regulations is "restricted computer software" and its use, duplication and disclosure shall be subject to the restrictions in FAR 52.227-14, Rights in Data-General, including Alternate III (June 1987.)
Export Restrictions
Licensee acknowledges and agrees that the Software is subject to restrictions and controls imposed by the International Traffic in Arms Regulations and Arms Export Control Act (the Acts). Licensee agrees and certifies that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred or exported, directly or indirectly outside the United States or Canada or will be used for any purpose prohibited by the Acts; provided, however, U.S. citizens and U.S. permanent resident aliens may travel to countries not prohibited by the Acts with the Software when it is installed on their personal computer and not otherwise used or transferred in violation of the Acts.
Miscellaneous
The Agreement sets forth 401(k) Pro and its Representatives' entire liability and Licensee's exclusive remedy with respect to the Software. Licensee acknowledges that this Agreement is a complete statement of the agreement between Licensee and 401(k) Pro, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions, regarding the Software. This Agreement does not limit any rights that 401(k) Pro may have under trade secret, trademark, copyright, patent or other related intellectual property laws. The Representatives of 401(k) Pro are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on 401(k) Pro. Accordingly, such additional statements are not binding on 401(k) Pro and Licensee should not rely upon such statements. The validity and performance of this Agreement shall be governed by California law (without reference to choice of law principles), except as to patent, copyright, trademark and other intellectual property matters, which are covered by Federal laws. This Agreement is deemed entered into at Los Angeles, California, and shall be constructed as to its fair meaning and not strictly for or against either party. Any resolution of a dispute arising out of or in connection with this Agreement may only be resolved in Los Angeles, California.
Effective Term of Agreement
This Agreement shall continue in effect for a period ending on the last day of the effective calendar year this Agreement was entered into unless terminated or modified by 401(k) Pro. 401(k) Pro reserves the right to adjust fees and suspend services without breaching or terminating this Agreement if Licensee fails to pay invoiced fees in accordance with this Agreement.
(b) This Agreement replaces all prior agreements.
(c) Licensee's signature is not required for this Agreement to become enforceable. Licensee acknowledges and accepts terms of this Agreement through the voluntary action of ordering or using any of the Software.
(d) 401(k) Pro may terminate this Agreement if Licensee breaches this Agreement.
Promotion & Marketing
401(k) Pro reserves the right to use Licensee's business name, city and state in marketing literature and materials used in promoting 401(k) Pro products and services to the business and academic communities.
Matters Outside the Responsibility of 401(k) Pro
401(k) Pro has no duty to perform any action other than those specified in this Agreement. 401(k) Pro 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). 401(k) Pro is not responsible or liable for the investment, tax or other consequences resulting from any of Licensee actions, or from 401(k) Pro's actions in following any of Licensee's directions or from 401(k) Pro's inaction in the absence of any directions from Licensee.
Patent & Trademark Protection
The Software is patented in the United States and Canada. 401(k) Pro and MDB401k are Registered Trademarks.
Copyright Protection & Limitation of Use
The Software is provided by 401(k) Pro for Licensee's exclusive use pursuant to the terms of this Agreement and for the duration of this Agreement. 401(k) Pro claims patent, copyright and trademark protection for all Software and copyright for all Publications and Videos. Should this Agreement be terminated for any reason, the right of Licensee to use the Software is automatically revoked. Unauthorized use of Software constitutes copyright infringement, subjecting violator(s) to both civil and criminal penalties under federal law.
General
Limitation on Action:
No action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the cause of the action has arisen, with exception of violation of 401(k) Pro's patent, copyright or trademark or other intellectual rights to the Software or Publications.
Enforceability:
If any of the provisions of this Agreement is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted.
Survival:
All provisions of this Agreement relation to confidentiality or non-disclosure shall survive the termination of this Agreement.
No Waiver:
The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder.
Remedies:
The rights and remedies of 401(k) Pro set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it in law or in equity.
Mediation & Arbitration
If a dispute (excluding copyright, patent, or trademark, or other intellectual rights infringement claims) arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation in Los Angeles, California, administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration. Any unresolved controversy or claim (excluding copyright, patent, or trademark infringement claims) arising under this Agreement or its breach, including but not limited to any controversy concerning the meaning or interpretation of any provision of this Agreement or controversies arising from possible errors or omissions on the part of 401(k) Pro or its agents or suppliers shall be decided by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Claims of copyright, trademark and patent infringement shall be excluded from arbitration.
Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim on which the producing party may rely in support of or in opposition to any claim or defense. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator(s), which determination shall be conclusive. All discovery shall be completed within thirty (30) days following the appointment of the arbitrator(s).
At the request of a party, the arbitrator(s) shall have the discretion to order examination by deposition of witnesses to the extent the arbitrator deems such additional discovery relevant and appropriate. Depositions shall be limited to a maximum of three per party and shall be held within thirty (30) days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrator(s), and for good cause shown. Each deposition shall be limited to a maximum of one (1) hour duration. All objections are reserved for the arbitration hearing except for objections based on privilege and proprietary or confidential information.
In no event shall an award in an arbitration initiated under this clause exceed the current year's license fees paid by Licensee to 401(k) Pro.
The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section, nor shall the arbitrator(s) be empowered to issue an award of exemplary or punitive damages. The arbitrator(s) may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys' fees. The award shall be in writing, shall be signed by a majority of the arbitrators, and shall include a statement regarding the reasons for the disposition of any claim. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.
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© 401(k) Pro, Inc. All rights reserved. 401k software and related service provided by 401(k) Pro, Inc.; Brokerage services provided by Mydiscountbroker.com, Member NASD/SIPC. |
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