Welcome! Please carefully read the following Terms and Conditions of Use ("Terms") before using this website ("Site"). Upromise Investments, Inc. is pleased to provide you information about its products and the Section 529 Plans it administers. Your use of the Site is subject to the following Terms.
These Terms are a binding contract between you, Upromise Investments, Inc. as well as its affiliate Upromise Investment Advisors, LLC (together, "Upromise Investments"). By accessing and/or using the Site you acknowledge that you have read, understood and agree to be legally bound by these Terms. We reserve the right to amend the Terms at any time and without prior notice. You should review the most current version of these Terms by visiting upromiseinvestments.com and clicking on the Terms of Use hyperlink at the bottom of the page. These Terms are in addition to any other agreements between you and Upromise Investments.
Contents
Use of Site
Intellectual Property Rights
No Solicitation
529 College Savings Plans
Limitations on Investment Guidance and Professional Advice
Trademarks, Copyright Policy, Notice, and Claim Information
Third-Party Content
International Use
Timeliness of Content
Disclaimer of Warranties
Liability and Indemnity
Changes to Upromise Investments Site
Termination
Governing Law
Severability
Use of Site
The Site is intended only for your personal, non-commercial use, unless you and Upromise Investments have agreed otherwise in writing.
Return to Top
Intellectual Property Rights
You acknowledge that the Site contains content including registered trademarks, service names and logos that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the content of the Site is and shall remain the property of Upromise Investments or their respective owners. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the content of the Site. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any content of the Site, in whole or in part. However, you may print copies of the Site, provided that these copies are made only for your personal, non-commercial use, unless you and Upromise Investments have agreed otherwise in writing and that you maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices.
You are prohibited from using any links to the Site from any other websites unless establishment of such a link is approved in advance by Upromise Investments in writing. You may not frame any element of the Site with any other website or access the Site through any device or service designed to provide high-speed, automated and/or repeated access to the Site, unless such device or service is provided or approved in writing by Upromise Investments.
Return to Top
No Solicitation
Nothing on the Site 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 Top
529 College Savings Plans
Upromise Investments provides administrative services for the following 529 plans: Arkansas - The Gift College Investing Plan and iShares 529 Plan; Colorado - CollegeInvest Direct Portfolio College Savings Plan; Hawaii - HI 529 - Hawaii's College Savings Program; Idaho - IDeal - Idaho College Savings Program; Indiana - CollegeChoice 529 Direct Savings Plan and CollegeChoice Advisor 529 Savings Plan; Iowa - College Savings Iowa 529 Plan and Iowa Advisor 529 Plan; Kansas - Learning Quest 529 Education Savings Program, Learning Quest Advisor, and Schwab 529 College Savings Plan; Missouri - MOST - Missouri's 529 College Savings Plan and MOST - Missouri's 529 Advisor Plan; Montana - Montana Family Education Savings Program Investment Plan; Nevada - Upromise College Fund 529 Plan, The Vanguard 529 College Savings Plan, and USAA College Savings Plan; New York - New York's 529 College Savings Program Direct Plan and New York's 529 College Savings Program Advisor Plan; North Dakota - College SAVE; Pennsylvania - nowU - PA 529 Guaranteed Savings Plan and nowU PA 529 Investment Plan and West Virginia - SMART529 WV Direct College Savings Plan, SMART529 Select College Savings Plan and The Hartford® SMART529®. If you or the designated beneficiary are not residents of these states you may want to consider before investing, whether your or the designated beneficiary's home state offers its residents a plan with state tax advantages or other benefits.
Units of the Portfolios are municipal securities and may be subject to market volatility and fluctuation.
Consider before investing in a state's qualified tuition program whether your or the designated beneficiary's home state offers any state tax or other benefits that are only available for investment in such state's qualified tuition program.
For more information about the 529 College Savings Plans administered by Upromise Investments, Inc., including obtaining an official statement, call 1-877-529-2980. Investment objectives, risks, charges, and expenses are included in a 529 College Savings Plan's official statement; read and consider it carefully before investing.
Not FDIC Insured * No Bank, State, or Federal Guarantee * May Lose Value
Return to Top
Limitations on Investment Guidance and Professional Advice
The Site is 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 Upromise Investments 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 Top
Trademarks, Copyright Policy, Notice, and Claim Information
All trademarks and service marks on the Site belong to Upromise Investments or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.
All materials on the Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Upromise Investments and its third-party information providers, and are protected by United States and international intellectual property laws.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Upromise Investments designates an agent as described below to receive notifications of claimed copyright infringement by mail: General Counsel, Upromise Investments 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 Top
Third-Party Content
Data and other materials appearing on the Site that are provided by third-parties are believed by Upromise Investments to be obtained from reliable sources, but Upromise Investments cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. Upromise Investments is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third-party that is linked to the Site via hyperlink. The fact that Upromise Investments has provided a link to a third-party's website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by Upromise Investments with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk.
Return to Top
International Use
Because of the global nature of the Internet, you agree to comply with all local rules with respect to your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access the Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.
Each investment product and service referred to on the Site is 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.
Return to Top
Timeliness of Content
All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Return to Top
Disclaimer of Warranties
UPROMISE INVESTMENTS 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 DATABASES ACCESSIBLE THROUGH THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ALL SUCH INFORMATION, THE SITE AND ACCESSIBLE DATABASES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE."
UPROMISE INVESTMENTS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, THE SITE, AND ACCESSIBLE DATABASES, 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, UPROMISE INVESTMENTS DISCLAIMS ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFORMATION ACCESSIBLE VIA THE SITE AND THE SITE.
Return to Top
Liability and Indemnity
UNDER NO CIRCUMSTANCES WILL UPROMISE INVESTMENTS, OR ITS AFFILIATES, ANY 529 PLAN OR ANY STATE OR GOVERNMENTAL AGENCY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR 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 SITE.
UPROMISE INVESTMENTS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY OF THEIR AFFILIATES, OR ANY STATE, STATE GOVERNMENTAL AGENCY OR THEIR OFFICIALS, OFFICIERS, EMPLOYEES AND AGENTS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, 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 UPROMISE INVESTMENTS, ANY STATE, OR STATE GOVERNMENTAL AGENCY HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES OR LOSSES.
TO THE EXTENT A JURISDICATION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF UPROMISE INVESTMENTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, 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 Upromise Investments, its affiliates, and each of its and 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 any violation by you of these Terms.
Return to Top
Changes to Upromise Investments Site
Unless otherwise agreed, Upromise Investments 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 Top
Termination
Upromise Investments 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 Top
Governing 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 Upromise Investments.
Return to Top
Severability
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.
Return to Top
These Terms were last modified in April 2011.
 |