Terms of Service

401k Essentials is designed to provide sponsors of qualified retirement plans, brokers, agents, fiduciaries, financial advisors and other private sector businesses with interactive tools, forms, documents, checklists, periodic deadline reminders one might need to effectively and efficiently fulfill their role in operating a 401(k) plan with tasks and issues they encounter on a day-to-day basis.

By using this site, you agree to respect our Copyright and abide by our Terms of Use.  

Written in Plain English: 

  • 401k Essentials is a unique resource that explains and simplifies complicated information related to operating a 401(k) plan.  
  • 401k Essentials discusses, explains and offers tips surrounding complicated federal laws and confusing operational requirements related to 401(k) qualified retirement plans operating under ERISA so that they can be understood by the professional and lay person alike.
  • 401k Essentials includes a voluminous library of proprietary forms, checklists, model language, company policies, sample letters and employee communications covering a wide range of 401(k) topics. These forms can be downloaded and customized for your use as you deem necessary.

Conditions of Use

By subscribing to this website and service, you acknowledge your agreement to the following conditions of use without limitation or qualification. Please read these conditions carefully before using this website. These terms and conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.

All articles, videos, audio broadcasts and other information and materials on this site (collectively, “Information”) are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Transmission of the materials and information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship, tax advisor-client relationship, financial advisor-client relationship, plan administrator-client relationship, et al.  Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. Your situation may involve federal, state or local laws, and/or application of company plan documents, employee handbook or other company policies. Accordingly, information on this website and through this service are not promised or guaranteed to be accurate, correct or complete. All information provided through this subscription does not represent an official position of the publisher. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The Information provided relates to U.S. federal and state laws only and does not cover issues of international law or regulations.  

401k Essentials refers to the owner and operator of 401k Essentials and 401kEssentials.com, a division of Accrued Benefit Administrators, Inc., its principals, officers, employees, affiliates, heirs, assigns, authors, editors, researchers and associates.

“Distributors” refers to insurance brokers, general agents, payroll companies, broker software developers and all other distributors of subscriptions to the 401k Essentials licensed content.

 The information provided and the opinions expressed are not necessarily those of 401k Essentials, its general agent distributors, broker distributors, officers, partners or owners.

Disclaimer

401k Essentials and Distributors assume no liability for the use or interpretation of information contained herein. 401k ESSENTIALS and Distributors expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this website. 401k ESSENTIALS and Distributors will not be liable, under the terms of this disclaimer or otherwise, for any loss of profit, loss of revenue, loss of contract or any other indirect or consequential loss you may suffer as a result of the use of any of the information contained in the web site.  The materials presented on this site are provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

You, and not 401k Essentials, are responsible for the applicability and accuracy of Information as it relates to your qualified retirement plan, company, employees or clients. Your use of Information does not relieve you of responsibility, including those to any third party, for matters involving your qualified retirement plan, company, employees or clients (e.g., preparation of tax returns, annual returns or other government forms, etc.) and you may not rely upon 401k Essentials for advice regarding same. The provision of Information by 401k Essentials is not intended to create, and your use does not constitute, any form of relationship between 401k Essentials or the author(s) and you.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall 401k Essentials or any party involved in creating, producing, delivering or distributing the website be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website. In no event shall 401k Essentials‘s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website. 401k Essentials also assumes no responsibility, and shall not be liable for, any exposure to or damages from worms, viruses, trojans and the like, that may infect your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website, including as a result of any violation or failure, for any reason, of any encryption technology employed by 401k Essentials.

Restrictions on Use of Materials

This website is owned and operated by 401k Essentials. Except as otherwise expressly permitted by 401k Essentials, no materials from this website or any website owned, operated, licensed or controlled by 401k Essentials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this website for your use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without 401k Essentials‘ written permission. 401k Essentials neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties.

Jurisdictional Issues

Unless otherwise expressly set forth herein, 401k Essentials makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws.

Copyright Notice and Reproduction

This site as a whole is copyrighted as a collective work, and individual works appearing on or accessible through this site are likewise subject to copyright protection. You agree to honor the copyrights in this site (including the selection, coordination and arrangement of the contents of this site) and in the works available on or through this site. Copyright is not claimed for materials originating from U.S. government sources.

 In addition, trademarks and service marks belonging to us or to others appear on or are accessible through this site. The fact that we have permitted you access to this site does not constitute authorization to reproduce our trademarks or service marks for any other purpose.

Reproduction and Reuse

The material on this website is protected under the copyright laws of the United States and may not be copied, reproduced, republished, uploaded, posted,  transmitted, sold, licensed, given away or otherwise distributed or disseminated in any manner whatsoever, whether in tangible or electronic form, except as expressly authorized in writing by 401k Essentials. None of these materials may be posted on the Internet or on corporate intranets without permission. You may not offer for sale or sell or distribute over any medium any part of this website or its content. You may not make any part of the website available as part of another website, whether by hyperlink framing on the internet or otherwise unless you have been authorized to do so in writing by 401k Essentials.

 You expressly agree that if you use the copyrighted material in any manner or for any purpose not expressly authorized by 401k Essentials, then and in that event you shall pay a royalty to 401k Essentials in the amount of $100 per day for the entire period that the copyrighted material is used without 401k Essential’s permission. Continued unauthorized use may also result in the imposition of civil or criminal penalties against you.

 The website and all present and future copyright, trademarks, and other intellectual property rights relating to the website are vested in 401k Essentials. You acquire no rights in the website other than the limited right to use the website in accordance with the terms. You agree to protect the proprietary rights of 401k Essentials and its licensors and agree to promptly notify 401k Essentials in writing (contact details below) upon becoming aware of any unauthorized access or any use of the website that infringes upon any proprietary rights.

All trademarks, services marks, trade names, logos, and icons are proprietary to 401k Essentials. Nothing contained on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on this website without the written permission of 401k Essentials. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited.

Changes to the Website

401k Essentials may correct any errors or omissions or change the format or content of the site at any time.

Illegal Activity

If you access or use any information on this web site and by doing so, you break any law, 401k Essentials will not be responsible.

Changes to Terms and Conditions

These terms and conditions are subject to change without notice and at any time. While visiting the web site you agree to be bound by the current terms and conditions and you should always check them each time you revisit the site.

Communicating with Us

You may send us email. However, if you communicate with us, you should not send us confidential or sensitive information via email because your communication will not be treated as privileged or confidential. If you communicate with us by email, you should note that the security of internet email is uncertain. By sending sensitive or confidential email messages you accept the risks of such uncertainty and possible lack of confidentiality over the internet.

401k ESSENTIALS

209 West Anapamu Street

Santa Barbara, CA  93101

(805) 568-1710

info@401kessentials.com

In accordance with Treasury Department Circular 230, materials on this website and communication with the publisher or the authors of these materials are not to be considered a “covered opinion” or other written tax advice and should not be relied upon for IRS audit, tax dispute or other purposes.

Links and Internet Resources

This Website (excluding linked sites) is controlled by 401k Essentials from its offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of California, by accessing this website both you and the publisher agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this website. In the case of a dispute, you and  401k Essentials agree to submit to the exclusive personal jurisdiction and venue of California with respect to such dispute.

This website contains links to other resources on the Internet. The links are provided solely as aids to assist you to locate other Internet resources that may be of interest. They are not intended to state or imply that the publisher is affiliated or associated with such linked sites. The publisher does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this website.

Privacy Policy

We are committed to respecting your privacy with the information you entrust with us.

Cookies

We collect certain information from visitors to our website to help us process data submitted to us online so that we can continually improve and develop the services we provide.  When you visit the 401k Essentials website, you should be aware that a small file is created on your computer (a “cookie”), which identifies specific information about previous visits to the website.  Cookies do NOT compromise your privacy or security.  Most browsers automatically accept cookies by default, but you can set your browser to reject cookies, or selectively accept certain cookies, by adjusting the preferences in your browser using any of the widely available methods.

Personal Use and Site Licenses

By accessing this site, you agree to use it for your personal research and reference purposes only (either for the benefit of yourself or for the benefit of your employer). You agree that you will not disclose your password to anyone else, nor otherwise permit anyone to gain unauthorized access to the non-public areas of our site. Multiple-user site licenses can be obtained by contacting us.

Termination of Site and Site Access

We reserve the right to change the contents of this site or to discontinue it at any time. We reserve the right to deny access to the site to any person or organization that we believe may be using the site for an unlawful or unauthorized purpose or in a manner that may harm us.

Program terms and conditions, features and service options are subject to change without notice.  

Please Note: The information and materials provided on this site are provided for general information purposes only and are not intended to constitute legal or other advice or opinions on any specific matters. The information provided and the opinions expressed are those of the author(s) and not necessarily those of 401k Essentials. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. Your situation may involve Federal, State or local laws, and/or application of your Plan document or other company policies.

We provide references and links to websites not affiliated with 401k Essentials as a service to our subscribers. While we believe these sites to contain valuable information, we cannot attest to the accuracy of information provided by these links or any other linked site. Providing these links does not constitute an endorsement of the sponsors of the site or the information or products presented therein. Also, be aware that the privacy protection provided on 401k Essentials may not be available at the external link. Kindly refer to the Terms of Use, Privacy and other information on all sites visited. Use of this site constitutes your agreement to abide by our Terms of Use and respect our Copyrights.

To print or save a copy of our Terms of Service, use this link.  Terms Of Service