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Terms and Conditions of Use

Thank you for visiting the website (the "Site") of Hooker & Holcombe, Inc. and Hooker & Holcombe Retirement Services, Inc. ("The Hooker & Holcombe Companies", or "we"). Hooker & Holcombe, Inc. is a firm of retirement plan professionals, providing employers with actuarial, administrative and consulting services. Hooker & Holcombe Retirement Services, Inc. is a wholly-owned subsidiary of Hooker & Holcombe, Inc., and specializes in investment management services for retirement plans. We maintain the Site to provide interested parties with information about who we are and what we do. We also make available, for the convenience of plan sponsors and participants, certain tools to be used in connection with certain retirement benefits.

We hope that you find the Site helpful. We have established the following terms and conditions (the "Terms and Conditions") that govern your use of the Site. The Terms and Conditions include important legal language and definitions, so please read them carefully. By using the Site, you agree to be bound by the Terms and Conditions set forth herein. In addition, we suggest that you review our Privacy Policy to learn about our policies and practices with regard to information we collect from or about individuals to whom we provide services. We reserve the right to make changes to the Site, the Terms and Conditions, and the Privacy Policy at any time. We encourage you to review the Site regularly for any updates or changes. Your continued use of the Site shall be deemed your acceptance of any changes and the reasonableness of these standards for notice.


DISCLAIMERS AND LIMITATIONS OF LIABILITY

We may make changes to the information, tools, products and services on the Site at any time. Although we attempt to keep the information on the Site accurate, complete, and reasonably current, we do not represent or warrant that the content herein is accurate, complete, or current. The content of the Site may include technical inaccuracies or typographical errors. The information on the Site may include information provided by third parties, which information we do not independently verify.

The material on the Site is provided for informational purposes only. The Hooker & Holcombe Companies are not providing tax, legal or investment advice, or acting as a fiduciary, by publishing the information contained on the Site. The information contained on the Site is provided for informational purposes only and is not a solicitation or offer to sell securities, nor should it be used by others in connection with any sale, or offer for sale or solicitation of any offer to buy securities. The information contained on the Site is not a solicitation or offer to sell products or services. Certain information available on the Site may contain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. We shall have no obligations to update or revise any forward-looking statements.

THE INFORMATION AND MATERIALS CONTAINED ON THE SITE ARE PROVIDED "AS IS", ON AN "AS AVAILABLE" BASIS. THE HOOKER & HOLCOMBE COMPANIES AND THEIR AGENTS AND THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, BUGS OR OTHER HARMFUL COMPONENTS. THE HOOKER & HOLCOMBE COMPANIES AND THEIR AGENTS AND THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS CONTAINED IN THE SITE.

IN NO EVENT WILL THE HOOKER & HOLCOMBE COMPANIES, OR THEIR AGENTS OR THIRD PARTY PROVIDERS, BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SITE, USE THEREOF, OR INABILITY TO USE, BY ANY PARTY, OR RELIANCE ON ANY INFORMATION CONTAINED HEREIN REGARDLESS OF WHETHER THE HOOKER & HOLCOMBE COMPANIES OR SUCH AGENT OR PROVIDER IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

The foregoing limitations on liability shall apply to the extent permitted by law.


INDEMNIFICATION

You agree to indemnify, defend, and hold The Hooker & Holcombe Companies and its subsidiaries, affiliates, officers, directors, agents, partners, and employees harmless from any and all claims, losses, liability, costs, or demands and expenses (including, without limitation, reasonable attorneys' fees), arising from or in connection with your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of another. This obligation will survive the termination of these Terms and Conditions and your use of the Site.


CALCULATIONS

Portions of the Site may permit you to calculate certain estimated future values of retirement benefits. ANY CALCULATION TOOLS ARE PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY AND SHOULD NOT BE RELIED UPON. The actual amount of any retirement benefit will be calculated at the time of retirement (or any other relevant future event). Actual results may vary materially from the estimates calculated on the Site. Further, please read all relevant assumptions and limitations regarding a particular calculation on the specific webpage that provides the calculation tool.


COPYRIGHT AND TRADEMARK

The content of the Site, including but not limited to the text and images and their arrangement, are protected by copyright: © 2010  Hooker & Holcombe, Inc. and Hooker & Holcombe Retirement Services, Inc. All rights reserved.

You may download or print a reasonable number of copies of the information or materials contained on the Site only for your own personal, non-commercial use, provided that any copy retains all copyright and other proprietary notices contained on the materials. Any other copying, republication or redistribution, reproduction, uploading, posting, or transmission of the materials contained on the Site (whether electronically or otherwise), including, without limitation, linking or framing, or creating derivative works based on the materials contained on the Site, is expressly prohibited without our prior express written permission. As between you and us, title to, and all intellectual property rights in, the material on the Site remain in The Hooker & Holcombe Companies.

  and   are trademarks of The Hooker & Holcombe Companies. Other trademarks contained on the Site are the property of their respective owners.


LINKS TO THIRD PARTY WEBSITES

The Site contains links to websites of third parties. If you click on a link to a third party website, you will leave the Site (and our server) and be routed to a third party website not under our control. Access to any third party website is at your own risk, and The Hooker & Holcombe Companies are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these linked websites, or for any damage that may arise from use of such websites. We do not make any representations or warranties whatsoever concerning the content of third party websites. The fact that we have provided a link to a website is NOT an endorsement, authorization, sponsorship, or affiliation by us with respect to such website, its owners, or its providers; we are providing these links only as a convenience to you. We have not tested any information, software, products or services found on these websites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, products or services found on the Internet. We caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. We encourage you to review the terms and conditions and privacy policy of any third party website that you visit.


ACCESS CODES; CONSENT TO TRANSMISSION OF INFORMATION

If you obtain from us or your plan sponsor a username, password or other similar access device ("Personal Access Device") for use of a restricted portion of the Site, you are responsible for maintaining the confidentiality of any such Personal Access Device and are fully responsible for all activities that occur using such device. You agree to hold us harmless from and against any damages caused by the unauthorized use of any Personal Access Device, unless such unauthorized use was caused by our gross negligence or willful misconduct. You agree to immediately notify us of any unauthorized use of any Personal Access Device or any other breach of security.

You acknowledge that, by using a Personal Access Device, you may be able to access certain private information about your retirement account and/or benefits. In doing so, you may be transmitting personal information. By using the Site to gain access to your personal information, you consent to the transmission by electronic means of that information.


CHOICE OF LAW; VENUE

Your access to, and use of, the Site and the Terms and Conditions will be governed by and be interpreted pursuant to the laws of the State of Connecticut, United States of America, notwithstanding any principles of conflicts of law. The state courts of, and the federal courts located in, the State of Connecticut shall have exclusive jurisdiction over any cause of action arising out of or related to the content or use of the Site or the Terms and Conditions. You consent to jurisdiction in such courts and specifically waive any objection to such venue or jurisdiction.


SEVERABILITY

If any part of the Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.


TERMINATION

This agreement shall continue in full force and effect for so long as you use the Site. If you no longer agree to be bound by the Terms and Conditions, you must cease your use of the Site.

Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice and that we shall not be liable to you or any third party for any termination of your access to the Site.


GENERAL

The Terms and Conditions constitute the entire agreement between us (you and us) and govern your use of the Site. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section headings in the Terms and Conditions are for convenience only and have no legal or contractual effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Hooker and Holcombe Companies as a result of this agreement or your use of the Site.