Terms

We’re in the business of building trust. We’d like to explain how we operate,  and if you ever have questions please contact us.

For individuals

By filling out the Icon application on our site you are appointing Icon to secure opening your IRA account through our plan administrator. The account will be opened upon your direction using the information you’ve provided in the enrollment process. And will be governed by the language in the contract you sign through our third party digital signature provider.

By opening an account, you acknowledge that we will collect and store contact information and associated savings information about you on our secure servers. You can access this information by logging into your Icon account and in also by logging into the transactional portal provided by Icon’s plan administrator.  The information we share with the plan administrator includes all of the information collected in the enrollment forms.

For employers

By filling out the Icon application on our site you are appointing Icon to secure opening a payroll deduct IRA for your employees to use. The account will be opened upon your direction using the information you’ve provided in the enrollment process.

For both individuals and employers, Icon will provide access to a web-based account management system made available through Icon’s plan administrator.

How and when we share your information

We only share your identifiable information with a third party administrator in connection with initiating your Icon Individual Retirement Account. We collect data that is required by law to open an Individual Retirement Account. Applicants must be verified and validated to open and use an IRA according the rules governing Individual Retirement Accounts.

Third party providers

We may provide your information to third party companies to perform services on our behalf, including for example, statement delivery, hosting services, data backups, analytics, customer service, account transactions and custodial services.

When an individual opens an Icon IRA they will be automatically defaulted into an age appropriate target date fund. The purpose of doing this is to reduce the burden of building a diversified portfolio. Individuals can elect to opt-out of this feature and can select their own investments from a menu of fund options available through Icon.

Icon does not receive any compensation from asset managers related to the funds available or assets under management.

You have to be able to enter into a contract with us (these Terms) to use our Site.

You are not allowed to use this Site unless you are at least 18 years of age and have the capacity to form a binding contract. By using the Site, you represent that you are at least 18 and have any agency or authority necessary to enter into a contract with us.

You are not allowed to use the Site unless you agree to and/or consent to everything in these Terms. If you do not understand any item in these Terms, or you do not agree to any provision in these Terms, you are not permitted to you the Site.

You agree to the information practices we’ve described in detail in our Privacy Policy.

You license information you input on the Site to us for use in our business, and you’re responsible for its accuracy.

In these Terms we refer to any piece of information you provide directly to us as “User Content.” You can provide User Content without creating an Icon account. You hereby grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual, irrevocable, fully paid-up right and license to use, copy, distribute, reproduce, and create derivative works of User Content however we think necessary to operate the Site and/or our business and deliver services to you. You represent and warrant to us that you have any and all rights under any law that applies to you to grant us this license. You represent and warrant to us that User Content (1) will be accurate, (2) will not damage our systems or the systems of our business associates and partners; and (3) will not cause harm to or offend our other users or another third party. We also associate User Content with a technical identifier for your browser or hardware anytime you use the Site. However, we delete the IP Addresses associated with User Content from Site visitors who neither saved their progress nor opened an account, periodically, after about thirty days.

We don’t sell your personal information.

The license you grant us to your User Content expressly includes the right to anonymize your personal information and other data and combine it with similar information about all of our users for our general business purposes. Such aggregated data may sometimes be used for research or marketing purposes, and you agree we can use such data to expand, market or improve our business operations as well as to deliver improved services to you. Even if we use such data for research or marketing, we maintain the secrecy of your identity.

Icon Savings Plan owns the Site, any information we learn or generate on the Site and user behavior on the Site, and everything available on the Site, expect User Content.

We expressly reserve and retain all intellectual property rights, including copyrights, patent rights, trademarks, moral rights and any other type of property interest, past, present or future, in the Site. We grant you a personal, limited, non-exclusive, non-sub-licensable, non-transferable, license to use the Site on your own behalf, for your own personal benefit, solely as required to obtain services from us.

You aren’t allowed to use the Site for commercial purposes or with robots.

Your license to use the Site does not permit you to scrape — or collect through any automated or computerized means — our data or any third party’s data from the Site. You must be a human to use the Site and you must use the Site only as a human. You must not be a human that allows any virus, Trojan horse, worm, or other kind of malware to invade our systems because you introduced them.

Third party access.

We may provide links through our Site or our email communications that direct you to other sites controlled, owned and operated by third parties.  We may also connect you to third party accounts to more quickly upload important information. Whenever you are on a site within the Icon domain the applicable third party is in control of the web property you’ve accessed, not Icon. The third party is in control of the web you’ve accessed and their terms and privacy policy apply to your use of their site.

Limited liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, AFFILIATES OR PARTNERS (“[ICON PARTIES]”) SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICES.

You agree and acknowledge that:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THE SITE AND ANY SERVICES IN CONNECTION THERWITH ARE PROVIDED ON AN “AS IS” AND AS AVAILBLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ICON PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LMITED TO THE IMPLIED WARRANTIES AND CONDITIONS.

ICON PARTIES DO NOT WARRANT THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NO INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ICON OR THROUGH TEH SITE CAHALL CREATE ANY WARRANTY.

ANY INFORMATION OBTAINED THROUGH THE USE OF THIS SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES THAT MAY RESULT FROM THE DOWNLOAD OF ANY MATERIAL.

If your actions result in our liability to others, you are responsible for covering costs that result from the liability you created.

You agree to indemnify and hold harmless ICON Parties from and against any third party claim arising from or in any way related to your use of the Site or our services, violation of these Terms or any other actions connected with your use of the Site or services purchased there, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action if practicable.

In addition, if you bring a lawsuit or motion (including claims in arbitration) against us in which we ultimately prevail, you agree you will be responsible for paying any attorney’s fees and costs we incurred as a result of your claims.

You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.

DISPUTES

WE WILL MAKE EVERY EFFORT TO RESOLVE DISPUTES INFORMALLY, AND IF WE CAN’T, WE AGREE TO ARBITRATE OUR DISPUTE.

We are not responsible for, and have no obligation to resolve, any dispute between you and any third party – even if your relationship to that party started on the Site.

If you have a dispute with us Icon, you can contact us by emailing: contact@IconSavingsPlan.com

You and Icon further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ICON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

30-Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written notice of your decision to opt-out to the following email address: contact@IconSavingsPlan.com

The notice must be received within 30 days of your first use of the Site. Otherwise you will be bound by the terms to arbitrate disputes in accordance with this agreement.

In the unfortunate case that our informal discussion is not sufficient to resolve the dispute, any continuing dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration (1) in San Francisco, California, (2) using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, (3) by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Icon agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Entire Agreement. These Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and us and govern your use of our services. You also may be subject to additional terms and conditions that may apply when you use or purchase other services from us, affiliate services, third-party content or third-party software.

Choice of Law and Forum. Subject to the arbitration provisions above, the Terms and the relationship between you and Icon shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Icon agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California.

Waiver and Severability of Terms. The failure of Icon to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

The section headings in the Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the term “including” shall mean “including without limitation.”