Last modified on June 11, 2019
Acceptance of Terms
When you access (k)larity @ Work™ (www.greenspringadvice.com), via a computer or mobile device, and our other online services and websites (collectively, the “Platform”) you are agreeing to be bound by the following Terms and Conditions, as well as the Greenspring Advisors Privacy Policy and Form ADV linked here, all of which may be updated by us from time to time without notice to you. Please review them carefully.
The section below titled “Class Action Waiver” contains a binding class action waiver, which affects your legal rights. Please read it carefully.
General Information
(k)larity @ Work™ and www.greenspringadvice.com, is operated by Greenspring Advisors, LLC, an SEC Registered Investment Adviser. Our IARD/CRD Number is 132669.
The provision of non-discretionary advisory services to 401(k) plans and their participants is governed by the service agreements between Greenspring Advisors and plan sponsors, as well as separate Participant Terms & Conditions. You should read these Terms and Conditions carefully before determining whether to engage Greenspring Advisors to provide you with advisory services.
In general, references to “(k)larity @ Work™” or “Greenspring” refer to “Greenspring Advisors, LLC” as well as their respective affiliates, partners, agents, and employees.
Use of the Platform
The Platform is intended solely for individuals who are age 18 or older. Any access to or use of the Platform by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By accessing or using the Platform, you represent and warrant that you are 18 or older.
The Platform is only intended for use by persons located in the United States. Greenspring Advisors makes no representation that the Platform is appropriate or available for use outside the United States. Similarly, Greenspring Advisors makes no representations that accessing the Platform from locations outside the United States is legal or permissible under local law.
Platform is for Educational Use Only
The publicly available portions of the Platform (i.e., the sections of the Platform that are available to individuals who are not party to a Client Agreement) are provided for educational purposes only and are not intended to provide legal, tax, or financial planning advice. In using the publicly available portions of the Platform, you agree that you are responsible for your own investment research and decisions, that you will not rely on the Platform as the primary basis for your investment decisions, and, except as otherwise provided herein, Greenspring Advisors will not be liable for any actions you take based on information you receive via the publicly available portions of the Platform.
No Offer
Nothing on the Greenspring website should be construed as a solicitation, offer, or recommendation, to acquire or dispose of any investment or to engage in any other transaction. Greenspring does not render or offer to render personalized investment advice or financial planning advice through the Greenspring website. Greenspring’s specific advice is given only within the context of our contractual agreements with each client. The Greenspring website is limited to the dissemination of general information about Greenspring’s service offerings and provides an alternative method for prospective clients to learn more about Greenspring and to contact Greenspring. Advice may only be rendered after the delivery of Form ADV Part 2A, the execution of an investment advisory agreement by the client and the advisor, and the initial payment of the investment advisory fee by the client to the advisor.
Intellectual Property
You may download or print out a hard copy of individual pages and/or sections of the Greenspring website, and files made available for download, provided that you do not remove any logos or other proprietary notices. Any downloading or otherwise copying from the Greenspring website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for a public or commercial purpose the Greenspring website without prior written permission of Greenspring.
Copyright. All material on this Platform, and the files associated with it, are copyrighted by Greenspring Advisors or by the original creator of that material. It is protected by the copyright laws of the United States of America and under treaties with other nations. Unless otherwise stated, no material on this Platform is in the public domain. You may download, copy, reproduce, redistribute, republish, display, post, or transmit material on this Platform only if expressly permitted, and then only the designated material. Greenspring Advisors in no way represents or warrants that your use of materials displayed on this Platform does not infringe the rights of third parties.
Trademarks. All trademarks, service marks, and logos ("Trademarks") displayed and used in this Platform are the property of their respective owners. Nothing in this Platform should be construed as granting any right or license to use any Trademark without the written permission of its owner.
Access to the Platform
Greenspring Advisors reserves the right, in its sole discretion, to deny you access to the Platform, or any portion of the Platform, without notice and without reason. For the avoidance of doubt, your access to and use of the publicly available portions of the Platform shall be governed by these Terms and Conditions, and the provision of any investment advisory services shall be governed by the Client Agreements with respect to such services. Notwithstanding the foregoing or anything else in these Terms and Conditions to the contrary, in the event of any conflict between the Terms and Conditions and a Client Agreement, the Client Agreement shall control.
Investment Tools and Performance Information
Greenspring Advisors makes no representation regarding the likelihood or probability that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner. Any historical return information on the Platform does not represent the actual performance of any specific investor’s account and may not reflect all factors that could impact such performance for an individual investor. Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Investing involves risk and investments recommended by Greenspring Advisors may lose value.
Any return, composite, and performance information shown on the Platform uses or includes information compiled from third-party sources, including independent market quotations and index information. Greenspring Advisors believes the third-party information comes from reliable sources, but does not guarantee its accuracy.
External Links
The Platform links to certain content created by third parties that are not affiliated with Greenspring Advisors. Greenspring Advisors is not responsible for such content and does not endorse or approve it. Such content may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Platform. Greenspring Advisors assumes no responsibility or liability whatsoever for the accuracy, reliability, or opinions contained in such content. If you decide to access such content, you do so at your own risk.
Conditions of Use
You agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You further agree that you will use the Platform solely for your personal, non-commercial use and will not attempt to interfere with the functioning of the Platform in any way.
Access and Interference
You agree not to engage in any of the following:
- 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 than via software that sends queries to the Platform to index or rank a website for search and location purposes, without Greenspring Advisors’ express written consent, which may be withheld in Greenspring Advisors’ sole discretion.
- 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).
- 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.
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Platform.
Secured Areas
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to legal action.
Communications with Greenspring Advisors
Authorized employees or agents of Greenspring Advisors may monitor and record all or portions of your telephone calls, emails, text messages, chats and other communications with Greenspring Advisors for quality control, customer service, employee training, security, legal, compliance, and other lawful purposes. You hereby consent to such recording. That consent is ongoing and need not be confirmed prior to, or during, such monitoring or recording, except to the extent applicable law expressly requires otherwise. Greenspring Advisors may also archive your communications with Greenspring Advisors for regulatory and other purposes.
Limited Liability
NEITHER GREENSPRING ADVISORS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE USE OF THE PLATFORM OR A LINKED WEBSITE (INCLUDING BUT NOT LIMITED TO THE DELAY OR INABILITY TO USE THE PLATFORM OR A LINKED WEBSITE). THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARE FORESEEABLE OR WHETHER GREENSPRING ADVISORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL GREENSPRING ADVISORS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
No Warranties
All products, services, and content on the website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. Greenspring Advisors specifically disclaims any duty to update the information on the Platform and it is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on the Platform. Greenspring Advisors does not guarantee that the Platform will operate error-free or that the platform, its servers, or the content are free of computer viruses or similar contamination or destructive features. If you choose to use the Platform, or rely on the information presented on it, you do so solely at your own risk.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Indemnification and Hold Harmless
You agree to indemnify, defend, and hold Greenspring Advisors harmless from any liability, loss, claim and expense, including attorney’s fees, related to your violation of these Terms and Conditions or use of the Platform. Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. Greenspring Advisors reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Greenspring Advisors’ defense of such matter.
Choice of Law
All Website activity or use and these Terms and Conditions are governed by the laws of the United States of America and the applicable laws of the State of Maryland without regard to conflict of law principles. You agree that the federal court of the District of Maryland, if it has subject matter jurisdiction, will have exclusive jurisdiction to hear and determine any claims or disputes between you and Greenspring Advisors, pertaining directly or indirectly to these Terms and Conditions, or to any matter arising from these Terms and Conditions, or any other document executed and delivered in connection with these Terms and Conditions, the use of the Platform or the online services offered by Greenspring Advisors If the federal court lacks subject matter jurisdiction, any state court located in Maryland, will have exclusive jurisdiction to hear and determine such claims or disputes. To the fullest extent permitted by applicable state and federal law, you and Greenspring Advisors each agree to waive the constitutional right to a trial before a jury.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Waiver and Severability
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term, or provision of these Terms and Conditions. If any provision in these Terms and Conditions is determined to be wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Awards & Honors
Greenspring Advisors has been nominated and has won several awards. Greenspring did not make any solicitation payments to any of the award sponsors in order to be nominated or to qualify for nomination of the award. The basis for each award presented on this website is provided by accessing the internet link to the award sponsor which is available by to the award sponsor’s incon or name shown on the web pages herein.
Assignment
You may not assign these Terms and Conditions (by operation of law or otherwise) without the prior written consent of Greenspring Advisors, and any prohibited assignment will be null and void. Greenspring Advisors may assign these Terms and Conditions or any rights hereunder without your consent.
Platform and Terms Subject to Change
We reserve the right to change these Terms and Conditions by posting a revised agreement. If you don’t agree with these changes, you must stop using the Platform. The information on the Platform is subject to change without notice.