Terms of Service

Acceptance of the Terms of Service

The following terms and conditions entered into by and between you and Icon (defined below) , together with any documents expressly incorporate by reference (collectively, “Terms of Service”), govern access to and use of www.IconSavingsPlan.com (the “Site”) and the platform, mobile applications, content, functionality and other online services and platforms (collectively, the “Platform” ).  Investment advisory services are offered through Icon Financial Services, LLC (“Icon Financial”) which is an SEC registered investment advisor and wholly owned subsidiary of Icon Savings Plan (“Icon Savings”). Apex Clearing Corporation, a third-party SEC registered broker-dealer and member FINRA/SIPC, provides custody and clearing services for Icon Financial.  For the purposes of these Terms of Service “Icon” refers collectively to Icon Financial and Icon Savings, as well as their respective affiliates and partners, as applicable, for the services provided (referred to herein as “Icon “we,” or “us”).  In this document, “you” means the person using the Platform and/or the Site or authorized user (on behalf of a company, organization, government, or other legal entity) using the Platform and/or the Site.

Please read the Terms of Service carefully before you access the Platform. You may use the Services (defined below) only if you can form a binding contract with us and are not a person barred from receiving services under the laws of the united states or other applicable jurisdiction. If you are accepting these Terms of Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. If you access the Platform or the content, you are agreeing to these Terms. You will be required to review and affirmatively accept these Terms of Service in order to establish an online account with us and to access the Platform.  If you cannot confirm the foregoing, then you must not accept these Terms of Service and may not use the Platform its related Content  or Services. You may use the Platform and the Services only in compliance with these Terms of Service and all applicable laws and regulations.  If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Platform.

Service and Platform Information

This Terms of Service governs your access to and use of the Platform, the Site and any other Icon application that includes a link to these Terms of Service or where these Terms of Service appear and the Content (defined below) on the Site. These Terms of Service also govern any account that you create with us online, whether through the Site, including an Icon mobile application, and your use of any of the services associated with your online account or that are otherwise available through the Site, including an Icon mobile application (collectively, the “Services”). Services and other Content may only be available after you have created an account with us. Therefore some provisions of these Terms of Service may not apply to you.

Retail Clients

In order to become a retail client and receive investment advisory services from IFS, you must enter into all Retail Program Agreements (defined below).  Retail client agreements include, your investment advisory agreement with IFS (the “Investment Advisory Agreement”), all agreements that are required by Apex Clearing Corporation (“Apex Agreements”) for brokerage and custody, all agreements that are required by the service provider Sila, Inc. (“Sila Agreements”) for the Services, and all agreements that are required by the service provider Plaid Inc., and all other required service provider agreements (collectively the “Retail Program Agreements”).  You will be subject to the terms and conditions of the Retail Program Agreements individually. If you open an account on the Platform and any of these Terms of Service conflict with your Investment Advisory Agreement, your Investment Advisory Agreement  shall control over these Terms of Service.

Institutional Clients

In order to become an institutional client and access the Platform and any of the respective Services you must agree to these Terms of Service and, if applicable, you will be required to enter into a separate services agreement (the “Platform Services Agreement”)  and all other required service provider agreements (collectively “Institutional Program Agreements”). You will be subject to the terms and conditions of the Institutional Program Agreements individually. Institutional Program Agreements include all agreements that are required by the service provider Sila, Inc. (“Sila Agreements”) for the Services, and all agreements that are required by the service provider Plaid Inc. If you open an account on the Platform and any of these Terms of Service conflict with your Platform Services Agreement, your Platform Services Agreement shall control over these Terms of Service.

Electronic Fund Transfers (“EFTs”) and Account Balances.

By creating an Account and initiating bank deposits or withdrawals (i.e., EFTs), you agree to the Terms of Service and Privacy Policy of our financial software provider, Sila Inc. (together, the “Sila ToS”). You must comply with the Sila ToS when creating or using your Account. The Sila ToS may be modified from time to time, and the governing version is incorporated by reference into these Terms of Service. Any term not defined in this paragraph, section, or addendum but defined in the Sila ToS assumes the meaning as defined in the Sila ToS. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE SILA ToS BECAUSE IT CONTAINS TERMS AND CONDITIONS CONCERNING YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSAL, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.

3rd Party Agreement Links

Subject to the provisions in these Terms of Service, you may use the Platform to: (i) learn about the Platform; (ii) learn about the Platforms, investment advisory strategies, methods, and algorithms, the portfolios we have developed, and the securities that comprise those portfolios; (iii) enter into the Agreements; (iv) open an account to participate on the Platform; (v) obtain investment advice in accordance with the terms and conditions of your Investment Advisory Agreement with us; (vi) initiate requests to deposit money for investment on the Platform or to withdraw money invested in the Platform; (vii) access statements and confirmations regarding transactions in connection and the value of your account on the Platform; (viii) access and print or download copies of the current version of these Terms of Service, the Agreements, and other documentation relating to the Platform; and (ix) make such other use of the Platform as we may expressly permit from time to time in furtherance of the objectives and growth of the Platform.

No Investment Recommendation Or Advice

Icon Financial provides its investment advisory services only to individuals who become clients pursuant to a written investment advisory agreement.  Icon Savings does not provide investment recommendation or advice.  Icon provides the publicly available portions of the Platform or Site for illustrative or educational purposes only and it does not constitute investment, legal or tax advice, or an offer to buy, sell or hold any security. Forecasts or projections of investment outcomes in investment plans are estimates only, based upon numerous assumptions about future capital markets returns and economic factors. As estimates, they are imprecise and hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results. Diversification does not ensure a profit or protect against a loss in a declining market. There is no guarantee that any particular asset allocation or mix of funds will meet your investment objectives or provide you with a given level of income. Investing entails risk including the possible loss of principal and there is no assurance that the investment will provide positive performance over any period of time.

Platform Access and Account Security

We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for both:

1 – Making all arrangements necessary for you to have access to the Platform.

2 – Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Service (as well as any other requirements for use of the Platform and the Service as described in the Agreements) and comply with them.

To access the Platform or any of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Conditions of Use and Restrictions

Icon maintains the Platform and its entire contents, features, and functionality (including but not limited to all information, reports, audio and video files, images, trademarks, service marks, logos, icons, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (the “Content”) are owned by Icon, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material contained within the Platform is provided by Icon for use by prospects and clients. The material may not be copied, republished, incorporated into another platform or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of Icon.

The license granted to you pursuant to these Terms of Service is solely as a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Platform and the Services, as a user of the Platform and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on or through the Platform. You have no right or claim of right to the Content or any unique ideas found on the Platform. No ownership rights are granted to you hereunder and no title is transferred hereby.

You agree not to engage in any of the following:

1 – Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Platform or any portion of the Platform, other than via software that sends queries to the Platform to index or rank a website for search and location purposes, without Icon’s express written consent, which may be withheld in Icon’s sole discretion.

2 – Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform, other than the search engines and search agents available through the Platform and other than generally available third-party web browsers (such as Microsoft Explorer).

3 – Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Platform..com/

4 – Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Service, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Icon. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Links to Other Sites

The Platform may contain links to other independent third-party websites, and we provide links to third-party Platforms as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party websites, including, without limitation, Linked Sites and websites linking to the Site or Application. You should review applicable terms and policies, including privacy and data gathering practices, of third party websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Reliance on Information Posted

The Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Icon, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Icon. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Trademarks

Icon’s name, Icon’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Icon or its affiliates or licensors. You must not use such marks without the prior written permission of Icon. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion by posting the revised Terms of Service on the Platform and the Site . All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in these Terms of Service will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.

Your continued use of the Platform following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page and the Platform from time to time, so you are aware of any changes, as they are binding on you.

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy: https://www.iconsavingsplan.com/privacy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Your Warranties

You represent and warrant to Icon that (a) all information, that you provide to us is accurate and truthful, (b) you have the authority to share any such information with us and to grant us the right to use any such information as provided in these Terms of Service, (c) your acceptance and use of the Platform pursuant to these Terms of Service does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, and (d) any information provide by you to Icon does not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ICON NOR ANY PERSON ASSOCIATED WITH ICON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ICON NOR ANYONE ASSOCIATED WITH ICON REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ICON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT SHALL ICON ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM OR THE RELATED SERVICES, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF PLATFORM OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ICON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF PLATFORM OR THE RELATED SERVICES, AND ALL OTHER USE OF THE PLATFORM OR THE RELATED SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.  

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Icon, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Platform, including, any use of the Platform’s Content, Services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Platform.

Geographic Restrictions

We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Applicable Law

All Platform activity or use and these Terms of Service are governed by the laws of the United States of America and the applicable laws of the State of Delaware, without regard to conflict of law principles.

Arbitration

At Icon’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

YOU AGREE THAT, IF YOU DECIDE TO OPEN AN ACCOUNT ON THE PLATFORM, YOUR RELATIONSHIP WITH US WILL BE GOVERNED BY THE ARBITRATION CLAUSE IN THE INVESTMENT ADVISORY AGREEMENT OR THE PLATFORM SERVICES AGREEMENT, AS APPLICABLE. YOU FURTHER AGREE THAT, IF YOU DECIDE TO OPEN AN ACCOUNT ON THE PLATFORM,  THE ARBITRATION CLAUSE IN THE ADVISORY AGREEMENT OR THE PLATFORM SERVICES AGREEMENT, AS APPLICABLE SUPERSEDES THE ARBITRATION PROVISIONS OF THESE TERMS OF SERVICE.

Waiver and Severability

No waiver by Icon of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Icon to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.