Terms of Use

Use and Acceptance

This website and any tools offered and/or provided by Vestwell State Savings, LLC, dba Sumday Administration, and its respective affiliates (referred to collectively as "we" or "us" or "Sumday") through this website (collectively the "Site"), on behalf of the State government providing the sponsored ABLE Plan and/or 529 Savings Plan of which you are a member (each such State sponsored savings plan hereinafter referred to as a “Plan”), are offered to you conditioned upon your acceptance without modification of these Terms of Use. By using this Site, you agree to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, or do not have the legal right or authority to accept these Terms of Use, you may not use this Site or any services offered or provided through this Site.

These Terms of Use are in addition to any other agreements between you, the State, and the Plan, including any disclosure documents, participation agreements, and other agreements that govern your use of services provided to you by the State through the Site ("Services").

Modification

We may revise these Terms of Use from time to time by posting a revised version on this Site without notice to you. You should check these Terms of Use each time you use this Site or Services for such revisions to ensure you agree to them. By using this Site or Services or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept and comply with those changes.

Your Account

When registering to access the Site and Services, you may not use (and we may refuse to grant you) any user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password used to access the Site, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interactions with the Site that occur in connection with your user name, regardless of whether you authorized such use. You agree to immediately notify Sumday of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you log off and exit from your account with the Site (if applicable) at the end of each session.

Limited Audience/Information for Foreign Investors

This Site and the information contained in it is intended for the use of United States residents only, and is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would subject us to any registration or license requirement within such jurisdiction or country. While certain products or services described in this Site may be provided in various countries by one or more of our companies where authorized and regulated as required within each jurisdiction, the information and Services described in this Site generally do not comply with the legal requirements of most foreign countries.  Accordingly, this Site and its contents are not intended, nor should be construed, as investment advice, an offer or solicitation of services or products, or an endorsement thereof in any jurisdiction or in any circumstance that is otherwise unlawful or unauthorized.  Your eligibility and qualifications for particular products or Services is subject to final determination by us and/or the applicable content provider.

Intellectual Property/ Authorized Use

The Site and the Services contain copyrighted works, trademarks and other proprietary material owned by the State, and Sumday, its parents, affiliates, and/or third party providers. The State, Sumday, its parents, affiliates and/or our providers own all rights, title and interest in and to the Site, all the content, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, data, and materials on the Site, including all intellectual property and proprietary rights therein.

You may use the material available from this Site and Services for informational purposes only. You may print copies of pages from this Site for your personal purposes, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied. The availability of third party material on this Site is not to be used as a substitute for a license or services agreement directly with the relevant third party provider. Except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material from this Site or Services without our express written permission or that of our third party providers, as applicable ("Permission"). You also may not:

• modify, alter, revise, paraphrase, omit, or change any material on or from this Site or Services without Permission;
• create derivative works, whether based in whole or in part upon the material on this Site or Services, or any portion thereof, without Permission;
• modify, amend, reduce the size of or in any way obscure any warning, notice, liability limitation, or other license provision in material on or from this Site or Services; or
• link into or use for any public or commercial purpose materials on or obtained from this Site without Permission.

Nothing contained on this Site or Services should be construed as granting, by implication, estoppel or otherwise, any license or right in and to our trademarks or copyrighted material.

Links to Other Websites

This Site may provide links to other websites that we think might be of interest to our users ("Linked Sites"). Links to Linked Sites are provided only as a convenience to users of this Site. Please note that when you click on a Linked Site, you may be moving to another provider's website. These Linked Sites and their providers are not controlled by Sumday and Sumday is not responsible for the contents or the operation of any Linked Site. The inclusion of any Linked Site does not imply endorsement of the Linked Site or its provider by Sumday. We encourage you to read the terms of use and privacy statements of these Linked Sites as their policies may differ from ours.

Termination

We reserve the right to prohibit access to anyone whom we determine is violating these Terms of Use, restricting or inhibiting any other user from using or enjoying the Site or Services, or whose conduct we reasonably determine may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree that Sumday shall not be liable to you or any third party for any termination of your access to or use of this Site.

Disclaimers

The information provided on this Site or in any Service is not financial, tax or legal advice and Sumday does not give advice or offer any opinion with respect to the suitability of any security. All information available on or through this Site is provided for information purposes only, and no reference to any specific security constitutes a recommendation, solicitation or offer to buy, sell, or hold that security or any other security nor should it be used in connection with any sale, offer for sale or solicitation of an offer to buy securities or any other instrument. Such information does not attempt or claim to be a complete description of the securities, markets, or developments referred to on this Site. You acknowledge and agree that your decision to use the Site to access Services available on or though this Site or to take any action or refrain from taking any action as a result of your use of this Site will be your decision alone, based solely on your own evaluation of your financial circumstances, your investment objectives and the nature, potential value and suitability of the transactions you make. You should consult an appropriate professional for specific advice tailored to your situation. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION, INCLUDING MARKET VALUE LOSS ON THE SALE OR PURCHASE OF SECURITIES OR OTHER INSTRUMENTS OR OBLIGATIONS.

YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SUMDAY AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY, WITH RESPECT TO (i) THE SITE; (ii) ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (iii) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND (iv) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS OR SERVICES. FURTHER, SUMDAY AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SITE.

Any statements and opinions expressed are as of the date of publication, are subject to change as economic and market conditions dictate, and are those of the author(s) and do not necessarily represent the views of Sumday. Some content on this site may be provided by third party providers, which we consider to be reliable but have not independently verified. We do not guarantee that it is accurate or complete.

EXCEPT AS PROVIDED BY LAW, NEITHER SUMDAY NOR ANY THIRD PARTY HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS OR UPDATES TO THE SAME.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

BY ACCESSING THIS SITE OR RECEIVING ANY SERVICES ON OR THROUGH THIS SITE, YOU AGREE TO WAIVE ALL CLAIMS AGAINST US AND ALL THIRD PARTY PROVIDERS REGARDING THIS SITE, THE SERVICES AND YOUR USE THEREOF. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR THE SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOOD WILL, BUSINESS INTERRUPTION, SAVINGS OR DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE RELIANCE ON, USE OF OR INABILITY TO USE THIS SITE OR ANY SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE INFORMATION DERIVED FROM THIS SITE OR SERVICES, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE SERVICES; (4) FORCE MAJEURE AND ANY SIMILAR EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES OR DISTRIBUTION OF SERVICES THROUGH THIS SITE. WE SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF THIS SITE OR SERVICES OBTAINED THROUGH THIS SITE. WE CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THIS SITE AND ANY SERVICES.

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, THE SITE ANY SERVICES, OR THE ONLINE PRIVACY STATEMENT IS YOUR CESSATION OF THE USE OF THIS SITE AND ANY AND ALL SERVICES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless Sumday and its third party providers, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including reasonable attorneys' fees, relating to any information you submit, post to or transmit through this Site, your use of the Site or Services, your connection to the Site, your violation of these Terms of Use or any harm you cause another user of the Site or Services.

Privacy and Security

Sumday respects the privacy of users of the Site. For more information please read our Online Privacy Statement.

We utilize reasonable security technologies to protect sensitive information in accordance with industry and regulatory standards, which may include monitoring and recording all transactions to help detect potential fraudulent activity, and utilizing encryption, two-factor authentication, automatic logout after a specified period of inactivity, or other controls to help protect your sensitive information. However, the security of this information depends in part on the security of the computer you use to communicate with us and the security provided by your internet access services provider. We are not responsible for the security of your internet access services provider; you should review the security and privacy policies of your internet access services provider carefully. Information that you access via this Site may be stored on your computer during your session for your convenience. If others have access to your computer they may be able to access this information. We are not responsible for the security or privacy of information communicated to or from such a computer. Finally, you should keep any correspondence you receive relating to this Site or the Services confidential and in a safe place.

Severability

If any provision of these Terms of Use is deemed illegal or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.