Terms and Conditions of Use

This website (“Site”), including the services made available to you on the Site such as the Investlink℠ recordkeeping system (“Services”), is provided subject to the following Terms and Conditions of Use and the Privacy Policy currently displayed on the Site (collectively “Terms of Use”). The Terms of Use provide important information about your rights and responsibilities, including arbitration provisions, involved with accessing the Site. Each time you enter your user ID and password to access the Site, you agree to these Terms of Use. The Site is made available by Aspire Financial Services, LLC (“Aspire”) only to users (referred to as “you”) who agree to these Terms of Use. If you do not agree to these Terms of Use, do not use this Site. If you have any questions regarding these Terms of Use or the Site, please contact us.

TRANSACTIONS ARE NOT DEEMED TO BE ACCEPTED UNTIL THEY ARE REFLECTED IN THE ACCOUNT. FOR FUND INFORMATION, INCLUDING FEES, CHANGES AND EXPENSES, PLEASE REFER TO THE APPLICABLE PROSPECTUS.

Aspire grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site solely for your personal, informational, and noncommercial use or as expressly authorized by Aspire in writing. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Site. Aspire reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use or as expressly authorized by Aspire in writing, you may not (or enable others to): Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, products, services, or other materials on, generated by or obtained from this Site, whether through links or otherwise (collectively, "Materials").

I. Prohibited Acts

Aspire prohibits certain acts with regard to the Site. Aspire reserves the right to monitor your use of the Site and to limit or disable your access upon evidence of your participation in any prohibited act. To the extent that your actions related to the Site constitute a violation of applicable law or regulation, Aspire will have a right to notify and cooperate with appropriate enforcement agencies.

You represent and warrant that all information you enter into the Site (including without limitation, employers or service providers entering information regarding participants and transactions) is accurate, complete, and timely. You represent and warrant that you will not take part in any prohibited acts, including without limitation:
- Accessing or using the Site in violation of any applicable law or regulation;
- Co-branding or framing any portion of the Site without the express written consent of Aspire;
- Reverse engineering, decompiling, disassembling, reproducing, hacking, tampering with, or taking similar actions with regard to the Site or any portion thereof;
- Adding, removing, or altering any of the text, logos, trademarks, service marks, or other elements or information contained within the Site without Aspire's express written consent;
- Introducing into the Site or any portion thereof material that might impair, interrupt, limit, interfere with, damage, disable, overburden, or destroy the functionality or operation of the Site or any portion thereof, computers, computing devices, networks, software, hardware, telecommunications systems, or other property of Aspire or of other users of the Site ("Harmful Elements"), including without limitation, viruses, worms, computer code, files, programs, or other similar mechanisms;
- Attempting to compromise the security of the Site, including without limitation, using tools designed to compromise security such as password guessing programs, cracking tools, or network probing tools;
- Using a user ID or password other than the user ID, and password uniquely attributable to you;
- Accessing, collecting, storing, or disclosing personal information about any person without all appropriate express, written consents;
- Taking any action with regard to any assets, plan, or account for which you do not have all necessary and proper authority and permission; and
- Using the Site or any portion thereof to invoice or direct payment of amounts that are prohibited in any way by the governing documents of the applicable plan, by the applicable service agreements, or by applicable law or regulation.

II. User IDs and Passwords

Aspire makes available access to the Site upon the entry of a user ID and password. Each user ID and password combination is unique to a single user. User ID and passwords indicate to Aspire the identity of the person accessing the Site. Levels of access and permissions to the Site vary based on the role that each user fulfills with regard to a plan, participant, or account.

User IDs and passwords are for individual use only. You are responsible for maintaining account information, usernames, logins, passwords, and security questions, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all your, or your agents’, activities, actions or inactions that occur under your account and/or password. You must notify Aspire immediately upon becoming aware of any breach of security or unauthorized use of your account. Aspire is not responsible for damages resulting from your failure to comply with this paragraph. You agree to notify Aspire immediately of any loss, theft, or other potential for unauthorized access to your user ID or password.

Aspire may rely on your entry of your unique user ID and password as verification of your identity when your user ID and password are used to log into the Site. Entry of your user ID and password will be considered the legal equivalent of your written signature authorizing Aspire to act on the activities conducted via the Site under your user ID and password. Aspire is under no obligation to further confirm the identity or authority of anyone logging into the Site using your user ID and password.

III. Intellectual Property

a. Copyright policy, notice, and claim information

All Materials on this Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Aspire and its third-party information providers, and are protected by United States and international intellectual property laws.

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Aspire designates an agent as described below to receive notifications of claimed copyright infringement by mail: Christopher Egoville, Esquire, 1801 Market Street, Suite 1000, Philadelphia, PA 19103.

The designated copyright agent can also be reached by telephone at (267) 675-6718, by fax at (267) 675-6570, and by e-mail at christopher.egoville@pcsretirement.com.

b. Trademarks and patents

All trademarks, service marks, and logos appearing on this Site are the exclusive property of their respective owners.

All Aspire graphics, logos, page headers, and service names are trademarks, service marks, or trade dress of Aspire. Aspire’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Aspire’s, in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits Aspire. Nothing contained on this Site should be construed as granting any license or right in or to any trademarks, service marks, or trade dress of Aspire.

c. Linking conditions

You may not link to this Site unless you comply with these linking conditions ("Linking Conditions"). Aspire grants you a limited, revocable, nonexclusive right to create a hyperlink to this Site ("Link"), provided you comply at all times with the following conditions:

• The Link must resolve to the appropriate one of Aspire's homepages which are, unaltered in any way;
• The text of the Link must read either "Aspire Financial Services, LLC” or "Aspire". You may not use any Aspire logo or graphic, or any other Aspire trademark, as part of the Link without Aspire’s express written permission; and
• The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and Aspire, including suggestions of affiliation, endorsement, or sponsorship; (b) portray Aspire or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the Site.

If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages (known as "deep links"), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to this Site.

d. User content and license grant

You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, e-mail, transmit, or otherwise make available via the Site (“User Content”). By submitting, uploading, posting, e-mailing, or transmitting User Content to the Site, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Site. Aspire does not control and is not responsible for the User Content uploaded via the Site, and Aspire neither guarantees the accuracy, quality, or appropriateness of nor endorses any User Content submitted to the Site.

IV. No Advice

Nothing contained in the Site or the Services shall be construed as Aspire rendering any tax, legal, investment, accounting, or other advice of any kind. Nothing in the Site shall constitute a recommendation or opinion by Aspire as to the suitability of any specific strategy, security, investment, product, or service. Nothing in the Site shall constitute an offer to sell or a solicitation of an offer to buy any strategy, security, investment, product, or service.

Aspire may make available online calculators, savings estimators, allocation aids, and similar online tools related to retirement savings and/or planning ("Planning Tools"). Some Planning Tools may interact with information on the Site. Some Planning Tools may be provided by entities not affiliated with Aspire, but made available through Site and/or the Services. Nothing contained within or resulting from the use of any Planning Tool shall be construed as an endorsement, recommendation, or advice by Aspire. To the extent that any Planning Tool provides any endorsement, recommendation, or advice, the endorsement, recommendation, or advice comes solely from that third party. If you have questions about the source of any endorsement, recommendation, or advice provided through a Planning Tool, you should review information about that Planning Tool and/or contact Aspire.

V. Definitive Disclosure

As a part of the Site, for certain plan types, Aspire may make available "Definitive Disclosure," a software application that provides a means for retirement plan service providers to submit information about themselves, their services, and their compensation ("Service Provider Data") and allows for other parties such as plan sponsors and plan fiduciaries to access this information.

Retirement plan service providers may find Definitive Disclosure useful in making certain disclosures to plan fiduciaries. However, Aspire makes no representation or warranty that any disclosure requirements will be met solely through the use of Definitive Disclosure. Plan fiduciaries and retirement plan service providers retain all responsibility for ensuring that all required disclosures have been properly made. Aspire assumes no responsibility for making such disclosures.

Definitive Disclosure may allow plan fiduciaries to create reports and otherwise review information based on Service Provider Data. Reports and any other outputs generated through Definitive Disclosure are based solely on Service Provider Data entered by the retirement plan service providers. Aspire makes no representation or warranty as to the accuracy, completeness, timeliness, reasonableness, or any other quality related to the Service Provider Data or the invoices, reports, or other outputs generated by Definitive Disclosure. Each retirement plan service provider is exclusively responsible to input, monitor, and update its Service Provider Data as necessary. Each retirement plan service provider is responsible for ensuring that each invoice generated through Definitive Disclosure accurately reflects the terms of the relevant service agreement with the applicable plan/plan fiduciary.

VI. Disclaimer of Warranties

THE SITE AND SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ASPIRE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ASPIRE DOES NOT GUARANTEE OR WARRANT THAT THE SITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS, IF ANY, WILL BE CORRECTED; OR THAT THE SITE, ANY PORTION THEREOF, OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE FREE OF HARMFUL ELEMENTS. BY LOGGING INTO THE SITE, YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE.

ASPIRE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH REGARD TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE OR ANY PORTION THEREOF. ASPIRE MAKES AVAILABLE INFORMATION FROM VARIOUS SOURCES, INCLUDING WITHOUT LIMITATION, INFORMATION PROVIDED BY PLAN SPONSORS, PLAN FIDUCIARIES, TRUSTEES, CUSTODIANS, RETIREMENT PLAN SERVICE PROVIDERS, AND MUTUAL FUND FAMILIES. ASPIRE IS NOT RESPONSIBLE FOR VERIFYING THE ACCURACY OF SUCH INFORMATION BEFORE MAKING IT AVAILABLE THROUGH THE SITE OR ANY PORTION THEREOF OR FOR RELIANCE BY ANY PERSON OR ENTITY ON SUCH INFORMATION.

ASPIRE MAY MAKE AVAILABLE FINANCIAL MARKET DATA, SECURITIES DATA, QUOTES, PRICE CHARTS, ESTIMATES, PROJECTIONS, NEWS, COMMENTARY, ANALYSIS, OPINIONS, RESEARCH REPORTS, AND SIMILAR INFORMATION (“MARKET INFORMATION”) THROUGH THE SERVICES AND/OR OTHERWISE ON THE SITE. MARKET INFORMATION MAY INCLUDE INFORMATION FROM SOURCES NOT AFFILIATED WITH ASPIRE. ASPIRE SHALL NOT BE OBLIGATED TO UPDATE MARKET INFORMATION AND MAY DISCONTINUE MAKING MARKET INFORMATION AVAILABLE AT ANY TIME WITHOUT NOTICE. MARKET INFORMATION IS MADE AVAILABLE ONLY AS A CONVENIENCE. YOU SHOULD NOT RELY ON MARKET INFORMATION, AND ASPIRE WILL NOT BE RESPONSIBLE FOR SUCH RELIANCE.

ASPIRE USES REASONABLE PRECAUTIONS TO PROTECT INFORMATION IN THE SITE, BUT ASPIRE DOES NOT GUARANTEE OR WARRANT THAT INFORMATION TRANSMITTED OR ACCESSED VIA THE INTERNET IS SECURE OR THAT SUCH TRANSMISSIONS AND ACCESS WILL BE FREE FROM DELAY, INTERRUPTION, ERROR, INTERCEPTION, OR LOSS OF DATA. BY ACCESSING THE SITE, YOU ASSUME ALL RISKS ASSOCIATED WITH INFORMATION BEING TRANSMITTED OR ACCESSED VIA THE INTERNET, AND ASPIRE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DAMAGES OR LOSSES THAT ARISE FROM SUCH TRANSMISSION OR ACCESS.

VII. Limitations of Liability

WITH REGARD TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PORTION THEREOF, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL:
- ANY CLAIM BE MADE AGAINST ASPIRE; ASPIRE’S PARENT COMPANY, SUBSIDIARIES, AFFILIATES, LICENSORS, SUBCONTRACTORS; OR THE OFFICERS, DIRECTORS, OWNERS, AGENTS, OR EMPLOYEES OF ANY OF THESE (COLLECTIVELY, THE “ASPIRE PARTIES”) MORE THAN ONE YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OCCURRED;
- ANY ASPIRE PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; ANY LOST PROFITS, INCOME OR REVENUE; TRADING LOSSES; DAMAGES FOR BUSINESS INTERRUPTION; LOSS OF INFORMATION, PROGRAMS, OR OTHER DATA; DAMAGES FOR INCONVENIENCE OR DELAY;
OR
- ANY ASPIRE PARTY BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT OF COMPENSATION PAID TO THAT ASPIRE PARTY WITH REGARD TO THE APPLICABLE PLAN OR ACCOUNT DURING THE BILLING PERIOD IN WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED.

THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN STATUTE, ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE; REGARDLESS OF WHETHER ASPIRE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES; AND REGARDLESS OF WHETHER THE CIRCUMSTANCES GIVING RISE TO THE CLAIM WERE WITHIN ASPIRE’S CONTROL. THESE LIMITATIONS OF LIABILITY SHALL BE IN ADDITION TO ANY OTHER LIMITATION OF LIABILITY PROVIDED IN ANY APPLICABLE AGREEMENTS BETWEEN YOU AND AN ASPIRE PARTY.

VIII. Indemnification

You agree to indemnify and hold harmless the Aspire Parties from and against any and all claims and expenses, including without limitation, attorneys' fees, arising out of your accessing or using the Site and/or Services or any breach of these Terms ofUse. This indemnification shall include claims brought by third parties arising out of your use, access, or breach.

IX. Dispute Settlement

You acknowledge that any violation of these Terms of Use may cause Aspire irreparable harm, the amount of which may be difficult to ascertain, and you agree that Aspire shall have the right to apply to a court of competent jurisdiction for an order enjoining any further wrongful acts and for such other relief as Aspire deems appropriate. This right of Aspire is to be in addition to the remedies otherwise available to Aspire.

Except as noted above, all disputes arising out of or in connection with the Site shall be solely and finally settled by arbitration in Tampa, Florida, in accordance with the then-applicable rules of the American Arbitration Association and Florida law. The award of the arbitrator(s) shall be the sole and exclusive remedy regarding any claims, counterclaims, or issues presented to the arbitrator(s); shall be final and subject to no judicial review; and may be entered and enforced in any court having competent jurisdiction over the parties or their assets.

Each party shall be responsible for its own expenses, including legal fees, incurred in the course of any arbitration and/or legal proceedings. The fees of the arbitrator(s) shall be divided evenly between/among the parties to arbitration.

X. Additional Terms

a. Additional Terms of Use

Aspire's websites, including any website from which you log into the Site, may include additional terms of use available either on the website or by clicking on a link on the Site. You acknowledge that you have read and agree to any terms of use applicable to the website you use to log into the Site and any other Aspire websites you access.

b. Age Requirements

Aspire does not intend for the Services or the Site to be used by or collect data from children under the age of thirteen (13). Aspire does not knowingly collect data from children under the age of thirteen (13) without parental consent. By accessing the Site or Services, you represent and warrant that you are not under the age of thirteen (13).

c. Section Headings

All section headings in these Terms of Use are for convenience of reference only and are not to be considered in the interpretation or construction of any provision of these Terms of Use.

d. Severability

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the invalid, illegal, or unenforceable provisions. Each provision of these Terms of Use is intended to be severable, and the invalidity, illegality, or unenforceability of any provision of these Terms of Use shall not affect the remainder thereof.

e. No Waiver

Any delay by Aspire in enforcing any provision of these Terms of Use shall not be construed as a waiver of such provision or of Aspire's right to enforce it with regard to that occurrence or any future occurrence.

f. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws principals and any dispute that might arise between you and Aspire.

g. Changes

Aspire may make changes to the terms of these Terms of Use from time to time. Such changes will be effective when posted here, or as otherwise specified. Each time you log into the Site, you are agreeing to the most recent version of these Terms of Use.