Deferred Comp Plan
Welcome to the website of the Ohio Association of Professional Fire Fighters amended and restated 457(b) Deferred Compensation Plan (OAPFF 457 Plan). This Terms of Use agreement spells out what you can expect from us, and what we can expect from you. In our experience, this approach fosters good relations and avoids misunderstandings.
This Terms of Use agreement (the “Agreement”) between the OAPFF 457 Plan and you governs your use of the OAPFF457PLAN.COM website (the “Website”). Your use of the Website constitutes your acceptance without modification of all of the terms, conditions, and notices contained herein. The OAPFF 457 Plan offers the Website to you conditioned on your acceptance of these Terms of Use. In consideration of your agreement to these Terms of Use and for other valuable consideration, the OAPFF 457 Plan grants to you a nonexclusive, nontransferable, limited, terminable license to access and use the Website only in the United States. The OAPFF reserves all rights not expressly granted in this Agreement.
To improve our ability to serve you, OAPFF 457 Plan may make modifications, improvements, deletions, or amendments to the Website at any time we deem appropriate. Any and all relevant portions of this Agreement will apply automatically to all modifications, improvements, deletions, and/or amendments as they appear.
In addition, the OAPFF 457 Plan reserves the right at any time to modify the terms and conditions of this Agreement, or any part thereof, or to impose new conditions on the Agreement. Except as otherwise stated herein, any modification to this Agreement shall be effective ten (10) days after it initially is posted on the Website. Your use of the Website after any such change will be conclusively deemed acceptance of such change. If any change is unacceptable to you terminate this Agreement and cease using the website. The Agreement may not otherwise be amended except in writing signed by you and by the OAPFF 457 Plan Administrator.
The Website is an online medium where Ohio’s Professional Fire Fighters and Paramedics, as well as other city, county and state workers may find information about financial services. Although we hope you will find the information available on the Website to be useful, the OAPFF 457 Plan does not guarantee that the information is accurate or complete on every topic, that it will include all of the most recent information available on a particular topic, or that it will satisfactorily address your particular interests. We urge you to review any information retrieved from the Website with a qualified financial advisor of your own choosing.
The Website contains windows and hyperlinks which provide access to other websites (the “External Websites”), or to informational content provided by the External Websites. Your use of such External Websites or informational content, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such External Website. The OAPFF 457 Plan is not liable for and does not endorse nor make any representations or warranties concerning any informational content, products, services, software, or other materials available on such External Websites, even if a page or pages of the External Website is framed with a page of this Website. The OAPFF 457 Plan is not responsible for the privacy practices or the content of External Websites. For your protection, please refer to the terms of service and privacy policies of the respective External Websites. You acknowledge, understand, and agree that the OAPFF 457 Plan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such informational content, products, services, software, or other materials available on or provided by any External Website.
Vendors of certain products and services may contract with us to advertise their products and services on this Website. We do not endorse nor make any representations or warranties concerning any vendor products or services advertised on this Website. Your decision to make purchases from any such vendor is completely voluntary and within your sole discretion. You are solely responsible for payment of all costs or fees associated with the purchase of products and services from vendors which advertise on this Website, including payment of all shipping charges, applicable sales tax, or other taxes, assessments, or fees imposed by applicable law.
This Agreement is effective until terminated by either you or the OAPFF 457 Plan. You acknowledge and agree that the OAPFF 457 Plan may terminate this Agreement or suspend or deny you access to all or part of the Website without prior notice, if you engage in any conduct or activities that the OAPFF 457 Plan in its sole discretion believes violate any of the terms and conditions set forth herein, violate the rights of the OAPFF, or are otherwise inappropriate. The OAPFF 457 Plan shall have no responsibility to notify any third parties of your denial of access to the Website, and neither shall the OAPFF 457 Plan have any responsibility for any consequences resulting from such lack of notification. You may terminate this Agreement at any time for any reason by delivering notice in the manner provided in this Agreement. Termination will be effective the day notice is received or at a later date if such is specified in the notice.
The Ohio Association of Professional Fire Fighters (OAPFF) is the owner and/or authorized user of any trademark, registered trademark, and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website, including but not limited to any screens appearing on the Website. By placing them on the Website, OAPFF does not grant to any Website user any license or other authorization to copy or use its trademarks, registered trademarks, service marks, copyrightable material, or other intellectual property, except as provided herein. Various products and services described on the Website may carry registered or other trademarked symbols that are the sole property of their respective owners.
You may view, print, and download portions of the content and/or information of the Website solely in connection with your use of the Website, and solely for your own use or records. The OAPFF 457 Plan reserves the right to revoke this authorization at any time. In printing or downloading content and/or information from the Website, you agree not to change or delete any proprietary notices, trademarks, and the like from any printed or downloaded content and/or information. Except as otherwise provided in this Agreement or as consented to in writing by the OAPFF, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any content and/or information appearing on the Website. Furthermore, you may not attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the Website source code. If you make use of the Website other than as authorized herein, you may be in violation of copyright laws, and other laws of the United States, as well as applicable State of Ohio laws, and may be subject to penalties and/or legal or equitable remedies available to the OAPFF 457 Plan or its licensor.
Users shall not provide copyrighted or other proprietary information to the OAPFF 457 Plan without permission from the owner of such material or such rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission.
You understand and expressly agree that use of the Website is at your sole risk. The OAPFF 457 Plan does not guarantee, represent, or warrant that your use of the Website will be uninterrupted, error free, or virus free, or that the Website will meet your requirements. In addition, no warranty is made as to the results that may be obtained from use of the Website, or as to the accuracy, reliability, or content of any product, service, or information provided through or in connection with the Website.
Although the OAPFF 457 Plan uses reasonable security and encryption provisions, we do not guarantee and make no representations or warranties concerning our ability to prevent unauthorized access of or tampering with the Website or information accessible through the Website. You acknowledge that information transmitted through the Internet or accessible through the Internet is never completely secure.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE OAPFF 457 PLAN DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND, (2) ANY WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OAPFF RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER THE OAPFF NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “OAPFF 457 PLAN ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF OAPFF OR THE OAPFF ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE OAPFF 457 PLAN’S LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNT OF ONE DOLLAR ($1). YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE OAPFF 457 PLAN NOR ANY OAPFF ASSOCIATE IS LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CESSATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH THE OAPFF 457 PLAN.
You agree to defend, indemnify, and hold harmless the OAPFF 457 Plan and the OAPFF Associates, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys’ fees, arising in connection with use of the Website by you, including without limitation, (i) claims based on defamation or other conduct by you in using the Website, or (ii) your violation of any intellectual property laws including without limitation those relating to copyright, trademarks or trade secrets.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action accrues or be forever barred.
The Website is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. You acknowledge and agree that the Website is for your personal and non-commercial use.
You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by the OAPFF 457 Plan; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component.
You shall not access or attempt to access password protected, secure, or non-public areas of the Website, except with the authorization of the OAPFF. The OAPFF has no obligation to monitor the Website; however, you acknowledge and agree that the OAPFF has the right to monitor the Website electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Website properly, or to protect itself or its OAPFF Associates.
Nothing in this Agreement shall be construed to establish a joint venture, agency, employment, or other business relationship between you and the OAPFF 457 Plan. You acknowledge that no verbal representations or guarantees have been made to you, except as set out in this Agreement. This Agreement and the relationship between you and the OAPFF 457 Plan shall be governed by the laws of the state of Ohio without regard to any conflict of law provisions of any State. You and the OAPFF 457 Plan agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Franklin County, Ohio, in the event of any dispute arising under this Agreement, and waive any future right to object to such jurisdiction and venue.
The failure of the OAPFF 457 Plan to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of this Agreement. Any ambiguities in this Agreement shall not be strictly construed against the drafter of the language concerned, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. This Agreement shall not be construed against any party by reason of its preparation. Certain provisions of this Agreement are for the benefit of the OAPFF 457 Plan Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. The provisions of this Agreement which by their nature extend beyond the termination of this Agreement shall survive termination of this Agreement.
You shall have no right to assign all or any part of this Agreement, and any attempt to do so shall be void. The OAPFF has the right to assign this Agreement and to sublicense any and all of its rights under this Agreement. This Agreement, including any documents referenced herein and any additional operating rules as posted on the Website, represents the entire understanding between you and the OAPFF 457 Plan regarding your relationship with the OAPFF and your use of the Website. This Agreement supersedes all previous written or oral agreements between you and the OAPFF 457 Plan with respect to such subject matter. Notwithstanding any provisions of this Agreement, the OAPFF 457 Plan has available all remedies at law or equity to enforce this Agreement. BY USING THE OAPFF457PLAN.COM WEBSITE YOU AGREE TO BE BOUND BY THIS AGREEMENT.
You may give notice to the OAPFF 457 Plan by electronic mail or by conventional post to the address below. If you have any questions about this Agreement, the practices of the Website, or your dealings with the OAPFF 457 Plan, please e-mail or write to:
Ohio Association of Professional Fire Fighters
140 East Town Street, Suite 1225
Columbus, Ohio 43215
Attn: Wm. Quinn – 457 Plan
Fax: 614-488-9925
E-mail: [email protected]g