Terms of Service
The following Agreement defines the terms and conditions of the subscription to the Benefit Insights newsletter which is published four times a year by PensionPro Software, LLC and paid on a semi-annual basis in advance (two issues of the newsletter). A personalized PDF file of the newsletter will be emailed to you quarterly for emailing or uploading to your website.
Subscriber acknowledges, understands, and agrees to the following terms and conditions:
1. The initial setup fee is used to build the initial personalized newsletter template. The cost for any subsequent change made by the Subscriber will be billed at an hourly rate determined by PensionPro.
2. The Subscriber represents, warrants, and unconditionally guarantees to PensionPro that anything provided to PensionPro, including, but not limited to, text, graphics, photos, designs, and trademarks for inclusion in the newsletter are owned by the Subscriber, or that the Subscriber has permission from the rightful owner to use these materials, and will hold harmless, protect, and defend PensionPro and its heirs, assigns, and subcontractors from any claim or suit arising from the use of such materials by PensionPro.
3. Subscriber’s rights and obligations under this Agreement may not be transferred, or assigned, directly, or indirectly, without the prior written consent of PensionPro.
4. Subscriber may use the newsletter solely for its own purposes and may not offer it for sale or license it to any other party. Subscriber will take all commercially reasonable steps to protect the copyright owned by PensionPro.
5. PensionPro will make good faith efforts to ensure that the newsletter is complete and accurate. However, all content of the newsletter is provided “as is” without any warranty of any kind, either express or implied. Legal or tax questions should always be referred to a qualified tax advisor such as an attorney or CPA. PensionPro does not engage in and is not permitted to provide legal or tax advice. In no event shall PensionPro be liable to the Subscriber or any third party for any incidental, consequential, or other damages in connection with the newsletter.
6. Subscriber assumes the sole responsibility of all use of the newsletter and agrees to indemnify and hold PensionPro harmless from any liability or claim of any person arising from such use.
7. Subscriber may use the newsletter copy exactly as written to email or display on its own website. Subscriber is not permitted to modify or alter the text of the newsletter. Subscriber is required to display the disclaimer and Benefit Insights copyright notice intact and unaltered. It may not be used to create other works based on it without PensionPro’ prior written consent.
8. This Agreement may be assigned by PensionPro without prior written approval.
9. PensionPro' maximum liability to the Subscriber and any third party is limited to the amount actually paid to PensionPro under this Agreement during the prior 12 months.
10. This Agreement will automatically renew for successive semi-annual periods. The Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice prior to the semi-annual renewal date of this Agreement. Notwithstanding the above, PensionPro may terminate service under this Agreement at any time, without penalty, if the Subscriber fails to comply with the terms of this Agreement.
11. PensionPro reserves the right to raise the subscription fee upon giving written notice to Subscriber at least 30 days prior to the effective date of any such fee increase.
12. This Agreement will be governed by and construed and enforced in accordance with the laws of the State of Pennsylvania and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims, or causes of action related to this Agreement shall be brought in the federal or state courts located in Harrisburg, Pennsylvania.
By signing below, you certify that you have read and agree to abide by all of the above terms and conditions and that you are authorized to sign on behalf of your organization or business.