Last revised: October 20, 2023
Welcome to our website. These constitute the terms of use (the “Terms of Use”) for users of this website (the “Site”). As used in these Terms of Use, “we,” “us” and “our” refer to Vestwell Holdings Inc. and the Terms of Use and any rights provided for herein also inure to the benefit of the affiliates of Vestwell Holdings Inc
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE ARE A LEGAL AGREEMENT. BY ACCESSING THE SITE, YOU ACKNOWLEDGE, AGREE AND ACCEPT TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, OR IF YOU ARE UNDER 16 YEARS OF AGE, YOU MUST NOT ACCESS THE SITE.
Privacy
Rules of Conduct
In using the Site, you agree to comply with these Terms of Use, our rules and policies, and all applicable laws, rules, and regulations. You further agree that you will not:
- Interrupt or attempt to interrupt the operation of the Site or the servers or networks used to make the Site available
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site);
- Attempt to gain unauthorized access to any accounts, computer systems or networks through hacking, phishing, password mining or any other means;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity;
- Reverse engineer, reverse assemble, decompile, create derivative works, modify, or otherwise attempt to derive the source code of the Site;
- Use any material or information in a manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; or
- Collect personal information about others, including email addresses or other personal information.
No Advice
Nothing contained on the Site is intended to constitute tax or financial advice. The information and materials on the Site or output of any tools that we provide to you are not intended as an offer or solicitation for the purchase of stock, any other security or any financial instrument of ours, our affiliates, or any other issuer or company. No content or comments made by us, our employees, agents or any other user should be understood or used as the basis for any investment or financial decision, nor should they be construed as advice, endorsements, or recommendations.
In no event shall any reference to any third party or third party product or service be construed as an approval, guarantee, or endorsement by us of that third party or of any product or service offered or data provided by that third party.
Security
It is your responsibility to create your own credentials to log into our platform and access your account. By using our platform, you agree to secure and protect your password, make your password sufficiently complex to minimize the risk of unauthorized access to your account, and monitor your account for any suspicious transactions; those are good practices for all online activities. You understand that you are responsible for securing the confidentiality of your username, password, and other methods, processes, procedures, or mechanisms of obtaining access to your account that we may, from time to time, make available to you. You must notify us immediately and change your password immediately if the username or password to your account is compromised or lost or if you feel your account has been compromised in any way.
Unless and until you inform us in writing otherwise by emailing help@vestwell.com, we will act on any and all instructions and requests provided to us using your username and password, including Instructions to change investment selections and make distributions. We will not be responsible for any direct or indirect losses or damages of any kind arising from the unauthorized use of your username or password before we are notified in writing of a compromise. If you believe your login credentials have been compromised or that someone has obtained access to your account, you must contact us immediately at help@vestwell.com or (917) 979-5358.
Your Data
By submitting content, files, and data to the platform for processing, you are confirming that all of the information you submit to us is current, complete, and accurate. We are not responsible for independently reviewing, auditing, or confirming any of the information you provide to us. Any verification we conduct of the identity of an End User of our platform does not change or impose any obligation or create a course of dealing. Where data protection laws afford you an audit right, you may, not more than once annually, carry out an inspection of our policies, procedures, and records with respect to the processing of customer personal data by having us complete a reasonable data protection questionnaire.
Service Interruption
We periodically perform routine website maintenance to optimize the performance of our website and platform. As a result, you may occasionally see a posted notification that a particular feature or service is temporarily unavailable. We generally try to limit routine maintenance to non-business hours to minimize its potential impact on you. Most routine maintenance is brief, and any service or feature interruptions it may cause are resolved quickly. We occasionally perform more significant website maintenance or upgrades that require longer times to complete. We try when possible to provide advanced notification and details on our website regarding such maintenance and the expected duration and service impacts of any such activities. You agree that we are not liable for any losses caused directly or indirectly by extraordinary events or conditions beyond our control such as government actions, exchange or market rulings, suspensions of trading, or other third party errors, failures or outages.
We cannot plan for or guarantee against all contingencies. Our policy is to respond to significant business disruptions by protecting employees’ safety and Vestwell property, making a financial and operational assessment, quickly recovering and resuming operations, protecting all of our books and records, and facilitating the continuity of our End Users’ ability to transact business. No contingency plan can eliminate all risk of service interruption or temporarily impede account access. We will evaluate alternatives for minimizing the disruption to services in the event of any emergency and will promptly provide End Users with information about how to access their accounts.
Links
Links from the Site to an external site, unaffiliated with us, may be provided for users’ convenience only. We do not control or review these sites nor does the provision of any link imply an endorsement or association by us of such sites. We are not responsible for and make no representation or warranty regarding the contents, completeness or accuracy or security of any materials or information on such sites. If you decide to access such sites, you do so at your own risk.
Copyright and Trademark Notices and Intellectual Property Rights
We and our licensors and suppliers own the information and materials made available through the Site. Such information and materials may be protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as otherwise expressly stated herein, copyrighted, trademarked materials or other intellectual property on this Site (including without limitation, images of people and places) may not be used, copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, removed, reverse engineered, modified or otherwise used in whole or in part in any manner without our prior written consent, except to the extent permitted by applicable law, and then, only with notices of our proprietary rights; provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in such information, as downloaded. Please be advised that any violation of such copyright, trademark, or other intellectual property rights or any privacy or communication laws is your sole responsibility. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including without limitation, the seeking of criminal prosecution.
Gradifi®, the Gradifi logo, SLP Plan®, CSU Plan®, Paydown Rewards®, Paydown®, Student Loan Paydown®, SaveUp®, College SaveUp®, The Notebook®, and combinations of the foregoing are trademarks of ours. We and our affiliates also claim rights in certain other trademarks and service marks contained on the Site. Other featured words or symbols on the Site, used to identify the source of goods and services, may be trademarks of their respective owners.
Disclaimer
The information and materials contained on the Site are for information purposes only. Use of the Site is at your sole risk. We use reasonable efforts to include reliable information and materials, but we make NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF SUCH INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSION CONTAINED IN THE SITE.
Neither we nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, GRADIFI WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE SITE, ANY INCOMPATIBILITY BETWEEN THE SITE AND YOUR FILES AND YOUR BROWSER OR OTHER SERVICES ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITE OR DOWNLOADING OF ANY INFORMATION OR MATERIALS.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE.
The information and materials contained in the Site are subject to change without notice. We may discontinue or make changes in the information, materials, services, or products that may be described or provided for on the Site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend any such information.
Limitation of Access
We may shut down this Site, or limit or deny access to all or part of the Site, or the Site may from time to time be unavailable, delayed or slowed at any time, for any reason, without notice, and without liability to you.
Other Agreements
These Terms of Use do not nullify, and are in addition to, any other terms and conditions contained in other agreement(s) between you and us, including without limitation, any agreement regarding your use of any webpages, websites or social media sites maintained by us. In the event of a conflict, the additional terms and conditions will govern those sections or pages. In addition, certain portions or pages of the Site, or other webpages, websites or social media sites are subject to additional disclosures and disclaimers. In the event of conflict between those disclosures and disclaimers and these Terms of Use, the additional disclosures and disclaimers will govern those portions, pages or sites. Termination or modification of these Terms of Use will not affect, or result in the termination or modification of, any such other agreements or disclaimers.
Governing Law
These Terms of Use will be interpreted, governed, and enforced under the laws of the State of New York, without giving effect to its choice or conflicts of law provisions. The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. In the event there is deemed to be any information on the Site regarding services and products then such information is applicable only in jurisdictions where such services and products may lawfully be offered for sale and is void where prohibited by law. If you access the Site from outside of the United States, you are responsible for compliance with local, national, and international laws.
Severability
If any term or provision of these Terms of Use is held unenforceable, the validity or enforceability of the remaining terms and provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable term or provision.
Headings
The headings inserted in these Terms of Use are inserted for convenience and identification only and are not intended to describe, interpret, define or limit the scope or intent of this agreement or any clause hereof.
Amendments
We reserve the right to change these Terms of Use at any time and without prior notice, by posting revisions on this Site. You are bound by any such revisions as of the time of such posting and you should therefore periodically visit this page to review the current Terms of Use. Your simultaneous or subsequent use of the Site constitutes your agreement to be bound by the revised Terms of Use.
Questions & Complaints
If you have questions, would like to report unethical behavior, or if you would like to make a complaint, please contact us at Legal@vestwell.com.