Terms of Service
The ‘bottomline-in-plain-English-version’ goes like this:
“We’ll treat you the way we’d want to be treated. We hope you do the same. Either party is free to leave at anytime if it’s not a good fit.”
When you write that out in detail it takes more words. So the full this-is-legally-binding-version goes like this for everyone who wants to be clear on how matters between you and us are handled:
The terms and conditions of this non-exclusive agreement ("Agreement") are effective and in force between visitors of Vault401k.com or its related properties, or clients of our Service (“Client(s), you, your”) Vault401k.com, and Jarps Ltd, Inc. (“Vault, us, we, our”).
These terms may change from time to time at our sole discretion, so it is recommended to review them regularly if using our Service. If you do not agree to all terms and conditions herein you must cease any use of our sites or services immediately.
Vault grants to Clients with accounts in good standing the right to use Vault's property, licensed or owned, and provided Solo 401k documents for the Client’s own, non-commercial, and exclusive use. Client understands that other Clients may have similar or materially different agreements they’re subject to depending on their engagement with Vault.
Client agrees that they are 18 or older. Though a minor over 13 may be the beneficiary of our Service if they have provided us written permission to do so from their legal guardian.
In this Agreement, the term "Service(s)" shall mean the services and products offered by Vault. All sales of Vault's Services to Client shall be made pursuant to this Agreement and it shall control all aspects of the dealings between Vault and Client unless a specific, written, addendum has been provided by Vault.
If a scheduled payment from you to us declines we’ll automatically retry that payment again up to three times during the next 10 days.
While this makes sure we don’t bother you over a glitch or delay in the system, it also means that you may be subject to fees from your financial institution (not from us). For example, a debit card was used for the payment and there were insufficient funds in the account at the time we attempted payment.
If there’s any reason you need to alter the source of any scheduled payments just let us know and we’ll work with you over a reasonable timeframe, typically 1-2 business days, to make the changes requested.
In the case of normal payment operations you agree we will not be held liable for any charges you incur by your financial institution due to our attempted charges of payment due.
Lump-sum costs and invoices for Services are due prior to the creation of Client’s deliverables. Monthly plan payments for Services begin at the time Services are requested and then monthly thereafter on the same date as first billed. Vault may attempt to collect payment at a date later than the scheduled due date, but not before. Client agrees to always provide accurate credit card information, accept an accurate charge, and that they have proper authorization to use the provided credit card for Vault's services and products. Vault reserves the right to repeatedly attempt to collect any funds due should a charge be declined. Client pledges to assist in all reasonable manners, including updating credit card information with a functional credit card, should a decline occur.
If a bill is not paid, and alternative payment can’t be made promptly, Vault reserves the right to suspend Client’s ability to use or access Vault licenced property until payment is made. THIS COULD MATERIALLY IMPACT CLIENT’S TAX SITUATION IN SEVERAL DIFFERENT, HIGHLY NEGATIVE, WAYS. Client acknowledges that they shall bear full responsibility for all costs associated with any such separation from our Service if there is an unresolved payment matter.
Service pricing and referral terms are determined by which page from which the Client begins Service.
Vault will pay all referral fees due to a Client by Dwolla.com, PayPal.com, or the method employed by the associated network if determined ahead of time. Referral payments are sent on the Friday after the referred Client’s funds have been paid unless the associated network has made other arrangements ahead of time.
Regarding Experts, Referrals, and Sources
We trust the people we work with. That means that if we provide material with person or group (like an interview, recorded call, Q&A, PDF, etc) that it’s because we believe they know what they’re doing and have done due diligence on them. A very small percentage of the people who would like to work with us get to (we’re pretty picky). In some cases we invite that person/group to showcase us to their clients, or to cover the costs of a marketing campaign. In other cases we ask for nothing at all and are just happy to get their information out to our clients.
Any business or action taken with one of them is directly with them and subject to all of their policies and provisions, the costs and outcomes of which are not ours (so while we want to know about your experience with them, there’s nothing for us to do if it doesn’t go well but stop recommending them in future).
Plan support and documents that come from us are a combination of in-house and outside creation and maintenance to keep things as easy to use and cost effective as possible. We will always be who you can email/call/get help from on all matters related to your Plan, and if you ever have a question on Plan document updates you can email or call us and confirm what is needed.
In all cases, working with us or any other firm (in any industry) remember it’s your life. Your time and money deserve your attention. Maybe there’s something we’re concerned about that isn’t a factor to you. Maybe it’s the other way around.
Client will use its best efforts to follow the guidelines provided by Vault in all efforts using Vault property. These guidelines are designed to help prevent misunderstandings between Client and their contacts. They should help market appropriate products to only to appropriate, financially responsible persons, while providing above-average customer service. Vault may provide marketing assistance to Clients in the form of programs, training, and promotions. Clients may freely use, or decline use of, any such material.
Client is solely responsible for the content of any marketing messages they send promoting Vault Services. Any breach of guidelines will be considered abuse and may result in termination of access to all Vault's property with no refund issued and any pending commissions deemed forfeit. We will not tolerate misrepresentations of our services or spam messages being sent by Clients. We reserve the right to initiate and pursue legal action against any Client we believe guilt of such.
Vault doesn’t monitor public site users using personally identifiable methods. We do use analytic software and data to better understand what is most useful to site users. This means we can see that a given user was on the FAQ page 8 minutes, left, and then came back days later and signed up. It also means the privacy and ad targeting policies of firms like Facebook, AdRoll, YouTube and Google may be relevant to you. You can learn more about controlling your information here: http://optout.aboutads.info/#/
We do not share your name, information, or activity with third parties except as needed to process credit card transactions, send requested emails, manage analytic or ad campaigns, credit affiliate sales, other business deemed necessary, or if legally compelled (such as by a government agency regarding suspected abuse, copyright violations, or other concerns of their realm).
Upon request by a Client we will access your account to help you achieve a task, add, delete, or observe something in our records. If you have any concerns or questions call or email us prior to additional use of our site or Service.
Guarantee & Indemnification
We will happily refund any Client if they're unsatisfied with our primary product (a Solo 401k Plan) for any reason provided: (a) we are notified within 60 days of the charge, and (b) the Client used the Service to acquire some non-market, non-cash, asset.
Giving is important to us, and we’re happy if we can help people set up retirement accounts and support a charity at the same time.
You may well see an event or promotion we’re part of connected to a charity we’re supporting. If you invest in our Services via one of these special events or promotions our refund policy is the same as our normal refund policy with one important difference: We can’t refund the amount of your purchase that went to the charity (a sum which will be shown prior to purchase).
A common sense matter, but our lawyer made us spell it out.
Vault shall not be obligated to refund any sum 60 days after charge is made; but we are willing to consider such a refund if the matter is brought to us in good faith.
Chargebacks are undesirable for us to deal with for a host of reasons, therefore, if a Client fails to notify us by emailing ‘[email protected]’ to request a refund of any Service or charge, and does not allow us up to a week to instigate such refund before requesting a chargeback, Vault will be entitled to a reasonable administrative fee of $250 or as high as allowed by law, whichever is lower.
If any of Vault's Products are proved to have been defective at time of sale to or through Client, Vault will make an appropriate adjustment in the original sales price of such product or, at Vault's election, replace the defective product with a legally satisfactory product.
It is not a defect in our Service for Clients to misconfigure or misuse our resources, or for our staff, support, or Service to be temporarily unavailable.
Client acknowledges that it is possible that the Service could be breached or damaged in some way against Vault's will. This means that content with Vault should not be considered completely safe or secure.
VAULT MAKES NO WARRANTY TO CLIENT OR THE END USER WITH RESPECT TO THE PRODUCTS OR SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Client agrees to protect Vault and hold Vault harmless from any loss or claim arising out of the negligence or abuse by the Client, Client's agents, employees, vendees, or representatives in the use of Vault's Service or arising out of any representation or warranty made by Client, its agents, employees or representatives with respect to Vault's Products or Services.
Property & Relationship
Client may, fully subject to Vault's prior, written, case-by-case decisions regarding such, utilize Vault's property for commercial purposes. This includes all website content, all Services, products, written materials, and templates licensed, owned, or otherwise.
No Client or user of the website has permission to violate our copyright, attempt to steal information from us or our users or interfere with our Service or website. No user of the website or Client has permission to use our site for any purpose outside of signing up for our Service or helping others do the same.
Breach of the above may lead to civil and/or criminal proceedings.
Client’s account information and list of referrals is their responsibility to protect and maintain. Client will protect their username and password at all times. Client will notify us immediately at ‘[email protected]’ of any known or suspected breach of their account so that we can minimize further damage.
The relationship between Vault and Client is that of Leasor and Leasee. Client will not modify any Vault Service without written permission from Vault. Client may not sell/rent/lend/share Vault materials or otherwise allow access to Vault materials by a third-party without express written permission except as reasonably needed to use the Service as intended for personal use (such as providing copies of documents to title companies, bankers, or tax professionals to perfect Client’s Plan records or select investment).
Term and Termination
Client may terminate the use of our Services at any time and request a refund if applicable by emailing [email protected] and stating such. and stating such.
Vault will provide Client materials, including updates, guides, and revisions to Plan documents, to best allow compliant operation of the Client’s Services. Client will in turn be billed annually at the rate then applicable to their signup year. Vault may terminate a given client for cause (such as declining to accept a Service or Plan document update required by law to keep a Plan in compliance).
Vault may terminate at any time by posting on their website, https://Vault401k.com, in the event Vault decides to terminate all outstanding Client agreements for any or all Vault's Services and, potentially, to offer a revised or amended form of this Agreement. Such occurrence may become necessary for legal or compliance reasons.
Unless earlier terminated as provided, the term of this Agreement shall commence on the day Vault401k.com was first visited and shall continue perpetually.
Completeness & Changes
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified from time-to-time by Vault. Clients who have previously received referral fees, or their associated networks, should receive email notice and 30 days to review changes. 30 days after an email notification has been sent that terms have been altered, changes will be binding.
Law & Headings
This Agreement shall be construed and enforced in accordance with the laws of the state of Oregon.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
Client also acknowledges that the terms and conditions of this Agreement are reasonable, fair, and equitable. Client acknowledges no aspect of this Agreement may be assigned or transferred to a third party.
This Agreement is entered into in Jackson County, Oregon. You consent to the exclusive jurisdiction of the state of Oregon and county of Jackson for any dispute arising from or related to this Agreement.
You consent to and agree that the exclusive forum and venue for any dispute arising from or related to this Agreement will be a court located in the state of Oregon and county of Jackson. Each party shall bear its own costs and expenses in any legal action regardless of outcome unless the court orders otherwise.
If you live a jurisdiction that prohibits or will not honor any part of this agreement you may not be a Client of Vault. You may request an exemption by Vault to this policy in advance of becoming a Client.
Client agrees that Vault will use the email address provided at signup, or as updated by Client, to send any notices, alerts, advice, or changes we deem appropriate to help them be successful with our Service.
No emails will ever come from us requesting Client information or on behalf of a third party.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by the email address associated with their account if to a client, or to ‘[email protected]’ if to Vault.
Unless otherwise agreed by mutual email consent, for any legal filing or proceedings we and the Client agree to use a mail service such as the USPS or UPS with signature confirmation of delivery. If to us, sent to Vault401k, Attn: Jerry Jacoban, 454 E Butler Lane, Ashland OR, 97520. If to Client, to the address listed in their account.
Headings used in this Agreement are provided for convenience only and not to construe intent.
Any questions or concerns can be addressed by calling toll-free, 888-509-1551, or emailing [email protected].
These Terms of Service are dated August 27th, 2016.