iVEZT, LLCEmployer Program Agreement
This Agreement (the Agreement), which is entered into by you (the Employer or you) and iVEZT, LLC (iVEZT or we), describes the services that we provide you with respect to offering the iVEZT suite of retirement or savings products (the Program) to your eligible employees (Participants). The Participants may open various Accounts with iVEZT or approved Record-Keepers and/or Custodians to manage related services. This Agreement applies to you if you are offering the EZ IRA, (Traditional or Roth), EZ HSA or EZ 529. By agreeing to our Terms or otherwise acknowledging your consent electronically, you agree to enter into and be bound by the terms and conditions of this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AND CONTACT iVEZT TO ASK ANY QUESTIONS YOU MAY HAVE BEFORE ENTERING INTO THIS AGREEMENT. CLICKING THAT YOU AGREE HAS THE SAME LEGAL EFFECT AS SIGNING A PAPER VERSION OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT THIS AGREEMENT MAY BE AMENDED FROM TIME TO TIME AND AMENDED AGREEMENTS WILL BE POSTED ON THE iVEZT PLATFORM OR WEBSITE (COLLECTIVELY, THE “SITE”). YOU AGREE TO CHECK THE SITE FOR NEW VERSIONS OF THE AGREEMENTS RELATING TO YOUR PARTICIPATION IN THE PROGRAM.
iVEZT provides the services described herein to provide a means for you to offer eligible employees access to the Program. The Program provides the Employer a way to encourage its employees to establish and fund retirement accounts through payroll deductions. Access to the iVEZT platform allows you to monitor, update and manage the necessary census information required to effectively support the Program.
As described above, iVEZT provides a platform though which a Participant may establish, manage and maintain his or her investment account created under the Program. However, iVEZT is not a financial advisory firm and, as such, does not provide investment advice and does not make investment selections on behalf of the Participants. In addition, iVEZT does not construct or manage the illustrated portfolios offered under the Program and does not manage the underlying mutual funds. Since iVEZT does not provide investment advice and does not exercise any discretionary authority or control over the assets, the management of the assets or the administration of the Program; iVEZT does not, in any circumstances, act in a fiduciary capacity as that concept is considered under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Internal Revenue Code of 1986, as amended (“Code”), or any regulations promulgated thereunder. Notwithstanding the foregoing, other parties independent from iVEZT may serve in such a fiduciary capacity to the Participants.
You acknowledge and agree that you or your approved Payroll Processor shall be responsible for the timely transfer of the necessary payroll data required under the Program. Your employees will authorize the payroll deductions or the withholding of funds from their payroll for purposes of investing in the Program. To learn more, please visit www.ivezt.com/support. iVEZT will provide necessary file templates or assistance for Employer to transfer the required payroll information.
ALL PRODUCTS, SERVICES AND CONTENT ON THE WEBSITES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. iVEZT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE ITS WEBSITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITES AND THE CONTENT AVAILABLE THEREIN IS AT YOUR SOLE RISK. iVEZT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITES IS FREE OF VIRUSES OR ANY OTHER FORM OF MALICIOUS CODE.
While iVEZT will always attempt to maintain the accuracy of the Site’s content, iVEZT specifically disclaims any duty to update information on the Site. In addition, while iVEZT does it’s best to maintain 99% uptime, iVEZT does not warrant or otherwise guarantee continuous, uninterrupted or secure access to the Site or any linked web sites. Also, iVEZT may revise or change the content or products set forth within the Site or supporting documentation available through the Site at any time without providing notice to you.
Your acceptance of this Agreement also establishes your consent to transact business electronically with iVEZT. This includes but is not limited to your agreement that: 1) you are accurately disclosing your identity when using, accessing or attempting to access any aspect of the Program or supporting documents through the Site; 2) when using, accessing or attempting to access any aspect of the Program or supporting documents through the Site, you are authorized to do so and transact business electronically; and 3) your interactions with iVEZT through the Site or any other means may be viewed, monitored and/or recorded in order to attempt to prevent and detect fraud.
For the services provided by IVEZT under this Agreement, your recurring annual fee for account establishment, management and access is $100.00 (one hundred dollars) regardless of the number of Participants who enroll in the Program. The annual fee will be collected by iVEZT on the start date or anniversary date of the Program. Any fees charged by Third Party payroll processors may require iVEZT approval. Please check with your provider for any additional fees. Participant fees are the responsibility of the employees and have no impact or financial burden on you.
Neither iVEZT nor its affiliates are providing tax or legal advice. Participants in the Program should seek their own legal, tax and financial advice from respective professionals.
You understand and agree that iVEZT has not made, and is not making, any warranty or guarantee as to the performance or profitability of the Program or any part thereof, nor any guarantee that the investment objectives, expectations or targets described on the Site will be achieved, including without limitation any risk control, risk management or return objectives, expectations or targets. The Account may suffer loss of principal, and income, if any, may fluctuate.
iVEZT, ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF INFORMATION AT THE SITES, OR THE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF iVEZT (INDEMNIFIED PARTIES) SHALL NOT BE LIABLE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITES, ASSOCIATED MATERIAL, A LINKED THIRD PARTY WEB SITE OR A DELAY OR INABILITY TO USE THE SITE OR A LINKED THIRD PARTY WEB SITE REGARDLESS OF WHETHER OR NOT iVEZT IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, MALICIOUS CODE, HARDWARE OR SOFTWARE INCOMPATIBILITY, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THE SITES OR RELATED INFORMATION OR PROGRAMS.
You agree to indemnify, defend, and hold the Indemnified Parties harmless from any liability, loss, claim or expense, including reasonable attorney’s fees and disbursements, actually incurred by the Indemnified Parties as a result of your violation of this Agreement or use of the services and information provided by the Sites or any associated materials provided therein.
The Employer represents and warrants that the funds being transferred to the Participants Accounts is the actual amount withheld and deducted directly from Participants payroll and accurately represents the amount authorized to be deducted and contributed by each respective Participant.
The Employer has previously agreed to receive disclosures and communications electronically, pursuant to the HelloSign Agreement. In addition, you agree that:
The Employer acknowledges and agrees that the provision of accurate employee demographic information and accurate information concerning any affiliated employers is critical to the accurate and compliant function of the Program and Site. Consequently, you are reminded that the indemnification provisions set forth above continue to apply with regard to any claims, damages or liability arising from inaccurate, incomplete, or missing information or information provided on an untimely basis.
The Employer may terminate this Agreement at any time for any reason by sending a request to terminate the Program Agreement by email to [email protected].
In addition, the Site and/or your access to the Site may be discontinued or substantially modified, temporarily or permanently, by iVEZT at its sole discretion and at any time without prior notice to you. You agree that iVEZT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the services provided therein.
iVEZT maintains the Site, and is the owner or authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within the Site, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. iVEZT also owns a copyright in the selection, coordination and arrangement of the material contained within the Site which includes any associated materials available through the Site.
The Site as well as all of its associated services and content are intended only for lawful use by customers, iVEZT employees, and members of the general public and may not be copied, republished, incorporated into another web site or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of iVEZT.
Further, you agree not to engage in any of the following:
All activity or use of the Site and this Agreement is governed by the laws of the United States of America and the applicable laws of the State of Florida without regard to conflict of law principles.
You and iVEZT agree that all claims or controversies, whether such claims or controversies arose prior to, on or subsequent to the date hereof, between you and iVEZT and/or any of the present or former officers, directors, or employees of iVEZT concerning or arising from the terms of this Agreement, including but not limited to any Services provided by iVEZT under the Agreement, shall be determined by arbitration, before, and only before, the American Arbitration Association (“AAA”) and in accordance with AAA’s rules. The decision of the arbitrators shall be binding and final judgment upon the award rendered by the arbitrators may be entered into any court having jurisdiction thereof. No punitive, exemplary or consequential damages or other damages in excess of compensatory damages shall be awarded, and each party hereby irrevocably waives any right to recover damages other than compensatory damages with respect to any dispute between them resolved by arbitration. Each party shall bear its own attorneys’ fees and all other expenses relating to the arbitration, but the parties shall each pay one half of all fees and expenses of the AAA and of the arbitrator(s). The decision of the arbitrators shall be based upon this Agreement and applicable law.
THE PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY. PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM CIVIL PROCEEDINGS. A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED.
This Agreement, as it may be amended from time to time, represents the entire understanding between you and iVEZT with respect to the issues considered herein. In the event of any conflict between the terms of this Agreement and the terms of a third-party agreement, this Agreement will apply with regard to you and iVEZT. You acknowledge that this Agreement supersedes any prior agreements with iVEZT.
Pursuant to the HelloSign Agreement, you acknowledge that the usual way iVEZT will provide you notice under this Agreement, including notice of modifications to this Agreement, shall be by posting such notices on the Site.
You acknowledge that the Program is intended for natural persons who are citizens or other lawful residents of the United States and who are located in the United States, and that neither iVEZT nor its affiliates intend to offer the Program, any securities, or any other products or services outside of the United States. You acknowledge that iVEZT and its affiliates do not offer the Program to non-resident aliens subject to tax withholding. Neither iVEZT nor its affiliates represent or warrant that any aspect of the Program, including information available from the Site and information provided through the Portfolio Selection Tool, complies with any law or regulation of any jurisdiction outside of the United States. You represent and warrant that the Employer was formed legally and legally performs business within the United States. In addition, you represent and warrant that the Employer has lawfully been issued, by the government of the United States, the number employed for federal tax identification number which you provided to iVEZT.
BY PROCEEDING WITH THE ENROLLMENT IN THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY REVIEWED THE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF SERVICE.