Legal Notice

Pension Systems Corporation is not a tax advisor and should not be construed to be such.
This website is provided at no cost, and expressly information purposes. It is intended to simplify your 401k related federal reporting. In addition, it points out where within your 401k software you can find certain requested information. This website is not intended to be a step-by-step instruction manual on completing your 401k related federal reporting materials, nor is it meant to replace information and advice from your tax advisor, or the instructions published by the IRS. Furthermore, this website does not address any state 401k related regulations or reporting requirements, which in some cases differ from their federal counterparts. You or your tax advisor should check with your state's tax agency regarding its 401k regulations and reporting requirements. Pension Systems Corporation will prepare signature-ready and filing-ready Form 5500SF that are delinquent because of missed filing deadlines. We will prepare Form 5500SF for past years upon your instructions and payment. For late filers, please note that we are not able to provide information or advice concerning the US Department of Labor's Delinquent Filer Voluntary Compliance Program (DFVCP). If you retain us to prepare past-due Form 5500SFs, and intend to participate in the DFVCP program, please notify us in writing, so that we may include this information in the filings we prepare on your behalf. We cannot assume that you intend to participate in the DFVCP, as some employers choose not to participate. For this reason you must notify us in writing, in advance of filing past-due Form5500SFs, if you intend to participate in the DFVCP or not.

Regarding Trademarks, Patents, and Copyright
The software is both patented and patent pending in the United States and Canada. Easytec Systems, 401(k) Pro, 401(k) Easy, and 401(k) Easy Pro, Advisors 401(k), Run-It-Yourself, Payroll IRA Easy, 401(k) E Z, Pension Motor Corporation, Quik-Tab 401(k), Pension Service Associates, 403(b) Easy, 401k Easy Online, Easytec Systems, Pension Systems Corporation and Pentec, Inc. are Registered Trademarks.

Pension Systems Corporation claims copyright and trademark protection for all Software and copyright for all Publications and Videos. Should the End-User License Agreement be terminated for any reason, the right of User to use Pension Systems Corporation-supplied Software, Publications and Support shall be revoked. Unauthorized use of Software and/or Publications constitutes copyright infringement, subjecting violator(s) to both civil and criminal penalties under federal law. This website and all Pension Systems Corporation software, publications and videos are protected by claim of copyright.

Patent & Trademark Protection
The Software is both patented and patent pending in the United States and Canada. Pension Systems Corporation, Pension Systems Corporation, 401(k) Easy, and 401(k) Easy Pro, Advisors 401(k), Run-It-Yourself, Payroll IRA Easy, 401(k) E Z, Pension Motor Corporation, Quik-Tab 401(k), Pension Service Associates, 403(b) Easy, and Pentec, Inc. are Registered Trademarks. Copyright Protection & Limitation of Use The Software, Publications and Support are provided by Pension Systems Corporation for User’s exclusive use pursuant to the terms of terms in the Pension Systems Corporation. Pension Systems Corporation claims patent, copyright and trademark protection for all Software and copyright for all Publications and Videos. Should the End-User License Agreement be terminated for any reason, the right of User to use Pension Systems Corporation-supplied Software, Publications and Support shall be revoked. Unauthorized use of Software and/or Publications constitutes copyright infringement, subjecting violator(s) to both civil and criminal penalties under federal law.

Disclaimer of Warranties
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE SOFTWARE AND WEBSITE IS PROVIDED “AS IS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH USER. 401K-NETWORK, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, INCLUDING ITS FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, MERCHANTABILITY AND NON-INFRINGEMENT. 401K-NETWORK DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS FREE FROM BUGS, ERRORS OR OTHER PROGRAM LIMITATIONS. Pension Systems Corporation has no control over User’s use of the Software, and Pension Systems Corporation does not and cannot warrant the performance or results that may be obtained by its use. Pension Systems Corporation does not represent, warrant, or guarantee the accuracy and timeliness of the data or information contained in the Software and shall have no liability of any kind whatsoever to User, or to any other party, on account of any inaccuracies in or untimeliness of the data or information. Nor does Pension Systems Corporation have any obligations to User to correct such data or information or any errors contained in the Software. Various information in the Software constantly changes, and the information may not be current or accurate. The Software should not be used without confirming research from other sources, obtaining up-to-date information, and separate analysis by the User of his or her own particular investment or tax situation or record keeping application. The Software does not recommend or endorse any specific investment or any particular mutual fund, nor does the Software offer specific tax, legal or investment advice or strategies. Pension Systems Corporation is not a financial advisor and should not be considered as such. User is strongly advised to consult with a professional tax and/or investment advisor before establishing or investing on behalf of a 401(k) or any other retirement savings plan. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to User. In that event, any implied warranties are limited in duration to ten (10) days from the date of purchase of the Software. However, some states do not allow a limitation on how long an implied warranty lasts, so the above limitation may not apply to User.

Limitation of Liability & Damages
IN NO EVENT SHALL Pension Systems Corporation, ITS SUPPLIERS OR ITS DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOST PROFITS OR COST OF COVER ARISING FROM THE USE OF THE SOFTWARE OR ANY DEFECT IN THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF Pension Systems Corporation, ITS SUPPLIERS OR ITS DISTRIBUTOR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. IN PARTICULAR, BUT WITHOUT LIMITATION, Pension Systems Corporation, ITS SUPPLIERS AND ITS DISTRIBUTORS SHALL HAVE NO LIABILITY FOR THE LOSS OF ANY INFORMATION STORED IN OR USED WITH THE SOFTWARE. THE MAXIMUM AGGREGATE LIABILITY OF Pension Systems Corporation AND ITS SUPPLIERS FOR ANY CLAIM ARISING OUT OF USE OF THE SOFTWARE OR ANY DEFECT IN THE SOFTWARE, ON ANY AND ALL THEORIES OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE BY Pension Systems Corporation, SHALL IN ALL EVENTS BE LIMITED TO RETURN OF THE AMOUNTS ACTUALLY PAID AS THE CURRENT YEAR’S LICENSE FEES.

Mediation & Arbitration
If a dispute (excluding copyright, patent, or trademark, or other intellectual rights infringement claims) arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation in Los Angeles, California, administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration. Any unresolved controversy or claim (excluding copyright, patent, or trademark infringement claims) arising under this Agreement or its breach, including but not limited to any controversy concerning the meaning or interpretation of any provision of this Agreement or controversies arising from possible errors or omissions on the part of Pension Systems Corporation or its agents or suppliers shall be decided by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Claims of copyright, trademark and patent infringement shall be excluded from arbitration. Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim on which the producing party may rely in support of or in opposition to any claim or defense. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator(s), which determination shall be conclusive. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section, nor shall the arbitrator(s) be empowered to issue an award of exemplary or punitive damages. The arbitrator(s) may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys' fees. The award shall be in writing, shall be signed by a majority of the arbitrators, and shall include a statement regarding the reasons for the disposition of any claim. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

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