Terms and Conditions
Last updated: May 17, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.sigma401k.com website and/or signing up for account management (the "Service(s)") operated by Sigma401k ("us", "we", or "our").
Your access to and use of our services is conditioned upon your acceptance of and compliance with these Terms and those found in our Investment Advisory Agreement. These Terms apply to all visitors, users and others who wish to access or use our services.
By accessing or using our service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access/use the service.
If you wish to purchase any service made available through Sigma401k ("Purchase"), you may be asked to supply certain information relevant to you, without limitation this may include your credit card number, the expiration date of your credit card, your billing address, your shipping information and certain information about your investment provides account.
Your purchase also represents consent to provide and let Sigma401k store, receive or otherwise communicate with the Retirement Account provider, using your Retirement Account credentials, which may include but are not limited to: Username(s), passwords, security pins, security questions/answers, and otherwise. This information is necessary in order to allow Sigma401k ongoing access to your Retirement Account to make discretionary investment changes and reallocations.
You agree that any changes to your Retirement Account credentials will duly be made on Sigma401k’s website dashboard account or provided otherwise and that any requests for Retirement Account Provider security pins or authorizations via e-mail, phone, or other electronic method will be promptly delivered to Sigma401k.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) you have legal right to the retirement account(s) and information provide for those accounts and (iii) the information you supply to us is true, correct and complete.
You represent that the terms hereof do not violate any obligation by which your are bound, whether arising by contract, operation of law or otherwise; that if you are an entity other than a natural person (a) this Agreement has been duly authorized by appropriate action and is binding upon you in accordance with its terms and (b) you will deliver to Sigma401k such evidence of such authority as Sigma401k may reasonably require, whether by way of a certified corporate resolution or otherwise; Sigma401k is responsible only for the transactions and reallocations they make in the Retirement Account and not for any changes made by you, your employer, your Retirement Account provider or any other person or entity.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our product and service offerings. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in arears on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Sigma401k cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Sigma401k customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Sigma401k with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid
payment method information. By submitting such payment information, you automatically authorize Sigma401k to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Sigma401k will issue an electronic invoice indicating that you must update your payment information within a certain deadline date, with the full payment being made upon new payment information be made available.
Sigma401k, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Sigma401k will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable. Neither Sigma401k nor Arcwood Financial are allowed under security laws to pay any refunds for market losses or potential missed opportunities. AS WITH ALL MARKET INVESTMENTS, CLIENT INVESTMENTS CAN APPRECIATE OR DEPRECIATE. Sigma401k does not guarantee or warrant that services offered will result in profit.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Sigma401k and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sigma401k.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Sigma401k
Sigma401k has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Sigma401k 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Sigma401k and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Sigma401k, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory,
whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Sigma401k its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
3033 N. Central Ave Suite 810,
Phoenix, Arizona 85012