Updated February 10, 2017
Community membership and SUM180 subscriptions. You may become a member of the SUM180 community by registering using your valid email address. As a member of the SUM180 community, you will be able to post and comment in the forums. You do not need an active SUM180 subscription in order to do so. By subscribing to the Service at the prevailing price, you will remain a SUM180 client as long as your subscription is current. We will notify you in advance of the expiration of your Account to prompt you to renew. If you do not renew, your Account will expire at the end of the subscription period. SUM180 will not provide any refund upon termination.
Service Relationships. For as long as your subscription is current, you are contracting with SUM180, LLC (“SUM180”), 200 York Street, Louisville, Kentucky, for provisions of the Services. To fulfill our obligations to you, we have selected an SEC-registered online investment adviser to provide technology services that underlie SUM180’s online financial planning services, FinancialAdvice4Me (“FA4Me”), based at 131 F Street, Salida, Colorado, 81201. Additional information about FA4Me is available from their current Form ADV, Part 2, available at available at this link. We have also selected an SEC-registered investment adviser to provide the financial advisers that support SUM180’s consultation services, FinancialIndependence4Me (“FI4Me”), based at 131 F Street, Salida, Colorado, 81201. Additional information about FI4Me is available from their current Form ADV, Part 2, available at this link. Because we are not an investment adviser, SUM180 cannot offer specific investment advice to individuals, and at no time should you infer that specific investment advice is being given. SUM180 is not employed or affiliated in any way with FA4Me nor FI4Me, other than as described herein, but FA4Me and FI4Me play a crucial role in supporting the financial planning services we offer.
With respect to your account, SUM180 agrees to provide a financial plan that will contain a series of recommended actions and explanations to move you toward the goal of financial security. We will also provide online assistance and make qualified financial advisers available as an additional service for questions about and support of your implementation of your financial plan. You agree to provide complete and accurate information regarding pertinent aspects of your personal and financial situation.
Modifications to Services. SUM180 reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that SUM180 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Your account information. By submitting a Registration form or creating a password on the Site, you represent to us that: (1) you meet any age restrictions for the Site, and (2) the information you have provided on your Registration ("Account Information") is true, accurate, current and complete. You will maintain and promptly update your Account Information using the functionality provided through the Site to keep it true, accurate, current and complete.
Commercial use by members prohibited. The Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Services or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of the Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Site is with the permission of SUM180, which may be revoked at any time, for any reason, in SUM180’s sole discretion.
Account security. You are responsible for maintaining the confidentiality of the username a password that they designate during the Registration process, and are fully responsible for all activities that occur under their username and password. You agree to (a) immediately notify SUM180 of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SUM180 will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you should as a practice disable any auto-sign in feature.
Prohibited activities. SUM180 reserves the right to investigate and terminate your membership if you have misused the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Services: (i) You will not “stalk” or otherwise harass any person; (ii) You will not express or imply that any statements you make are endorsed by SUM180 without our specific prior written consent; (iii) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (iv) You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Services: (v) You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (vi) You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the of any computer software or hardware or telecommunications equipment; (vii) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (viii) You will not “frame” or “mirror” any part of the Services or the Site, without SUM180’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to SUM180 or the Services or the site in order to direct any person to any other web site for any purpose; and (ix) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or the Site or any software used on or for the Services or cause others to do so.
Your warranties regarding your content. By posting your Content via the Site, you represent and warrant that (1) you own all right, title and interest in your Content, or otherwise have the right to grant the license set forth in preceding paragraph, and (2) the posting of your Content on or through the Site does not violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
Your feedback. We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and Services we make available through the Site (collectively, "Feedback"). The Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Ownership of your content. We do not claim ownership rights in your Content. Subject to the non-exclusive license contained in the following paragraph, you own and will retain any and all intellectual property rights that you may have in your Content.
Copyright policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent, pursuant to the Digital Millennium Copyright Act (17 U.S.C. §§ 512 (c)), with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Member interactions. You are solely responsible for your interactions with other Members. You understand that SUM180 does not in any way screen its Members, nor does SUM180 inquire into the backgrounds of its Members or attempt to verify the statements of its Members. SUM180 makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall SUM180 be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the Services or persons you meet through the Services. You are solely responsible for your interactions with other Members. SUM180 reserves the right, but has no obligation, to monitor disputes between you and other Members.
Proprietary rights. SUM180 owns and retains all proprietary rights in and to the Site and the Services, and has a license to use all material posted by you and the other Members as discussed below. The Site contains the copyrighted material, trademarks, and other proprietary information of SUM180, and its licensors. Except for that information which is in the public domain, is considered fair use, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by SUM180, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SUM180, Inc. does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any third party that appears on the Site. Under no circumstances will SUM180 or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Members.
Warranty disclaimer. SUM180 will use commercially reasonable efforts to provide you the Services relating to your Account during the term of your Account in accordance with our current description of Services applicable to your Account. In the event of any breach of this warranty, please notify us immediately. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SUM180 HEREBY EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, OUR CONTENT, AND ALL SOFTWARE, PRODUCTS OR SERVICES DESCRIBED ON OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OURSELVES AND OUR EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUM180 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES AND THE SITE, OR OTHERWISE RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES OR THE SITE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (4) ANY OTHER MATTER RELATING TO THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
Jurisdiction and choice of law. If there is any dispute arising out of the Site and/or the Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Kentucky, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, for the resolution of any such dispute.
Trademark. SUM180 is trademark of SUM180 LLC. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SUM180.
SUM180 communications may include: service announcements, administrative messages and email newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.