Terms of Use
Welcome to ugift529.com!
Please carefully read the following Terms and Conditions of Use ("Terms") before using this website ("Site"). Your use of the Site is subject to the following Terms.
These Terms are a binding contract between you and Ascensus College Savings Recordkeeping Services, LLC and its affiliates ("Ascensus", also referred to as “we” or “us” or “our”). By accessing and/or using the Site you acknowledge that you have read, understood and agree to be legally bound by these Terms, which incorporate by reference our Privacy Statement.
We reserve the right to amend the Terms at any time, for any reason, and with or without prior notice. You should review the most current version of these Terms by visiting the Site and clicking on the Terms of Use hyperlink at the bottom of the page. We will post the date that the Terms have been updated so you will know when it has been changed. Your continued access or use of this Site shall be deemed your acceptance of these Terms and any changes and the reasonableness of these standards for notice of changes. These Terms are in addition to any other agreements between you and Ascensus.
Contents
Intellectual Property Rights, Trademarks and CopyrightsLicense to Use the Site
Permitted Uses of this Site
User Login and Profile
Electronic Communications
Transmission of Personally Identifiable Information
No Solicitation
Limitations on Investment Guidance and Professional Advice
Third-Party Content
Links to Other Websites
International Use
Disclaimer of Warranties
Liability and Indemnity
Notices and Making Copyright Infringement Claims
Changes to the Site
Termination
Governing Law
Severability
Intellectual Property Rights, Trademarks and Copyrights
The Site, its content and any other materials made available through it, including without limitation, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, database, icons, html code and xml code (collectively “Materials”), are copyrighted and protected by worldwide copyright laws and treaty provisions. Any unauthorized use of the Materials may violate copyright, trademark, or other laws. The Site and Materials are and shall remain the property of Ascensus or their respective owners. Using the Site does not give you ownership or any intellectual property rights in the Site or Materials. Except as provided expressly herein, the Site or Materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without the prior written permission of Ascensus or their respective owners. You may not reverse engineer or attempt to extract the source code of any software included or made available through the Site or Materials. These Terms do not grant you the right to use any branding, graphics or logos used on this Site or in the Materials. Do not remove, obscure, or alter any branding, graphics, logos or other legal notices displayed on this Site or in the Materials.
Return to TopLicense to Use the Site
The Site is intended only for your personal, non-commercial use, unless you and Ascensus have agreed otherwise in writing. We hereby give you a personal, non-assignable and non-exclusive license to access and use the Site and content in the manner permitted by these Terms. Some of the Materials made available on or through this Site are provided by third parties such 529 plan administrators. Any and all Materials are the property of their respective owners and their sole responsibility. All rights in the Site or Materials not expressly granted to you are reserved by us or by their respective owners.
Return to TopPermitted Uses of this Site
This Site is intended to be used by valid 529 plan account owners and people they invite to make a gift through this Site using a Ugift code. This Site is intended to be made available only to U.S. residents.
You may access and use this Site solely in accordance with the instructions and documentation provided with it and subject to these Terms. You may use this Site only as permitted by applicable Federal and State laws and regulations. Do not misuse or interfere with this Site. You may not access the Site through any device or service designed to provide automated or repeated access to the Site in an attempt to interfere with its operation. You may access only data and content you are granted access to. We may suspend or stop providing services to you if you do not comply with the Terms or if we are investigating suspected misconduct.
You may print, copy or download Materials for your personal, non-commercial use, and distribute copies thereof to professional advisors, representatives or agents in connection with the applicable 529 plan. Such copies must contain all copyright and other proprietary rights notices included in the Materials. You may not download, copy, distribute or make other use of the Materials for commercial purposes.
The data and content that you provide must be true, accurate and free of software viruses. You are solely responsible for any errors you make with regards to the data and content that you provide. You represent and warrant that the data and content do not violate others’ rights or are otherwise injurious to third parties.
When you upload, submit, send or receive data or content to or through this Site, you give us and our respective contractors, licensors, suppliers and content or service providers, a license to use, host, and store such content. We may use aggregated data which does not include personally identifiable information for purposes of business analysis and research. Your use of this Site may be monitored by Ascensus. We may disclose account information to third parties to the extent disclosure is required by law or to the extent we determine disclosure is necessary or appropriate to administer the applicable 529 plan.
Except as provided expressly herein, the rights you grant with respect to your data or content are for the limited purpose of performing the services available through the Site.
Return to TopUser Login and Profile
You are not required to register in order to make gifts through this Site however, to use some of the functionality and to access certain information through this Site, you will need to register and create a user login and profile (“User Login”). As part of the registration process, you will be asked to create a unique user name and password. The password must meet certain minimum requirements for security purposes. We will conduct several validation checks before approving your User Login.
To protect your User Login, keep your password confidential and restrict access to your devices. You are responsible for the use and activity (whether or not authorized) that happen on or through your User Login. Try not to reuse your password on other website or applications.
By creating a User Login you authorize us to store the information you provide including but not limited to your name, email address and bank information.
Return to TopElectronic Communications
If you choose to register and create a User Login, you will need to provide your current email address and to promptly update it in case it changes. By doing so, you agree to receive certain email notifications regarding the administration of this Site. Your agreement to receive such communications via email is a condition to your registration to use the Site and you will not be able to opt out of receiving them. In addition, you may receive informational and marketing communications from which you will have the option to “opt-out”.
Return to TopTransmission of Personally Identifiable Information
In some instances, the services offered through this Site may involve the transmission of personally-identifiable information or other non-public information, including without limitation, first and last names, bank information, contribution rates and amounts deposited into the respective 529 plan savings account(s).
By using this Site, you consent to the transmission of such information by electronic means and represent that you have obtained all necessary permissions and authorizations for such transmissions if needed. You further represent that such consent shall be effective at all time as long as you use the Site and that we and our respective contractors, licensors, suppliers and content or service providers may rely on your authorization and/or instructions. Additionally, our Privacy Statement explains how personal information is treated and privacy protected when you use this Site. By using the Site, you agree that we can use such information in accordance with our Privacy Statement.
Return to TopNo Solicitation
Nothing on the Site or in the Materials should be construed as a solicitation, offer or recommendation to acquire or dispose of any 529 plan investment option or municipal security, or to engage in any transaction, or to provide any tax, legal or investment advice.
Return to TopLimitations on Investment Guidance and Professional Advice
The Site or Materials are not intended to provide legal, tax, investment or insurance advice. Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Ascensus or any third-party. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
Return to TopThird-Party Content
Data and other content appearing on the Site that are provided by third-parties are believed by Ascensus to be obtained from reliable sources, but Ascensus cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. Ascensus is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials owned by a third-party that is displayed on the Site or referenced in the Materials.
Return to TopLinks to Other Websites
This Site or the Materials may contain links to third party sites. Access to any such linked Internet sites is at the user’s own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. These links are provided merely as a convenience and are not intended to endorse the companies or contents of any linked sites.
Return to TopInternational Use
This Site and the Materials are intended to be accessed only within the U.S. and the services referred to on the Site are intended to be made available only to U.S. residents. The Site will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.
If you access the Site or Materials from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Return to TopDisclaimer of Warranties
ASCENSUS DOES NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR SUITABILITY FOR ANY PURPOSE OF THE INFORMATION ACCESSIBLE VIA THE SITE, OR ABOUT THE PERFORMANCE OR AVAILABILITY OF THE SITE, OR ANY MATERIALS ACCESSIBLE THROUGH THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ALL SUCH INFORMATION, THE SITE AND ACCESSIBLE MATERIALS ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE."
ASCENSUS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, THE SITE, AND ACCESSIBLE MATERIALS, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, ASCENSUS DISCLAIMS ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFORMATION ACCESSIBLE VIA THE SITE AND THE MATERIALS.
Return to TopLiability and Indemnity
UNDER NO CIRCUMSTANCES WILL ASCENSUS, OR ITS AFFILIATES, ANY 529 PLAN OR ANY STATE OR GOVERNMENTAL AGENCY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR OWN ERRORS OR BY RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT OR SERVICES ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION ACCESSIBLE VIA THE SITE AND THE MATERIALS.
ASCENSUS NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, OR ANY OF THEIR AFFILIATES, OR ANY STATE, STATE GOVERNMENTAL AGENCY OR THEIR OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INJURY OR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, INCOME, GOODWILL, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE, DAMAGES CAUSED BY THEFT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER), OR ANY OTHER MATTER RELATING TO THE SITE. THIS IS TRUE EVEN IF ASCENSUS, ANY STATE, OR STATE GOVERNMENTAL AGENCY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR IN CASE OF NEGLIGENCE.
TO THE EXTENT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF ASCENSUS, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, OR ANY OF THEIR AFFILIATES, OR ANY STATE, STATE GOVERNMENTAL AGENCY OR THEIR OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS, IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTION.
You agree to indemnify, defend, and hold harmless Ascensus, their affiliates, and each of their officers, directors, employees, and agents and the States and State governmental agencies, from and against all claims, demands, liabilities, damages, losses, or expenses including attorney's fees and costs, arising from or related to your improper access to or use of the Site or the Materials, or any violation by you of these Terms.
Return to TopNotices and Making Copyright Infringement Claims
Ascensus designates the following agent to receive notifications of claimed copyright infringement by mail: General Counsel, Ascensus 95 Wells Avenue, Suite 160, Newton, MA 02459. If you have any other customer service questions or would like an alternative method of reaching us, please click Contact us at the top of any webpage.
Return to TopChanges to the Site
Unless otherwise agreed, Ascensus may discontinue or modify the Site at any time without prior notice to you and you accept those modifications if you continue to use the Site.
Return to TopTermination
Ascensus reserves the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site for any reason without prior notice or liability. The Disclaimer of Warranties, Liability and Indemnity, and Termination provisions shall survive any such restriction, suspension, or termination.
Return to TopGoverning Law
The laws of the Commonwealth of Massachusetts, United States of America, without regard to principles of conflict of laws, govern these Terms and any dispute that might arise between you and Ascensus. You agree that any legal action or proceeding related to this website will be brought exclusively in a federal or state court of competent jurisdiction in the Commonwealth of Massachusetts.
Return to TopSeverability
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
These Terms were last modified in August 2018.
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