Last Updated December 23, 2020

Welcome to our websites (collectively, "Site"), which are operated by Pentegra Services, Inc. on behalf of itself and its affiliates ("Pentegra," "we," "our," and "us"). These terms of use ("Terms"), which include our Privacy Statement, govern your use of our Site.

Please read these Terms carefully. Your use of our Site indicates you agree to these Terms. If you do not agree to these Terms, you are not authorized to use our Site.

Nothing in these Terms is intended to modify any other written agreement, if any, that may currently be in effect between you and Pentegra with regard to matters other than your use of the Site ("Additional Agreements"). If there is a conflict between this Statement and Additional Agreements, those Additional Agreements will control.

Because these Terms cover more than one Pentegra site, some terms may not be applicable to all sites and may depend on the nature of your relationship with us (e.g., as an individual investor, plan sponsor, etc.).

We may modify these Terms from time to time by posting a modified Terms on our Site or by giving you other notice. The modified Terms will be effective immediately upon posting or as provided otherwise in a notice. Pentegra reserves the right to suspend, restrict, or discontinue the availability of any portion of our Site at any time without notice or liability. Please check these Terms regularly.

Copyright

Content on our Site ("Site Content") is protected by copyright. Except as expressly indicated otherwise in these Terms or on our Site, you may download Site Content solely for your limited, personal, non-commercial use as long as you do not alter the Site Content or remove any trademark, copyright, or other notices displayed on the Site Content. Aside from expressly permitted uses, you may not reproduce, distribute, create derivative works of, publicly display or perform the Site Content or other elements of our Site in any manner, including extracting information or data for use in a database or any other purpose, without Pentegra’s prior written consent in each case. If you would like to use Site Content for any other purpose, please send your request to legal@pentegra.com.

Trademarks

Our name and our trademarks and service marks, including "Pentegra," and our logos, slogans, and other indicia of source, whether registered or common law, are owned by Pentegra (collectively, "Our Trademarks"). You may not use Our Trademarks without Pentegra’s prior written consent in each case, including in any manner that implies Pentegra sponsors, endorses or is otherwise the source of or affiliated with a product, service, entity, or activity or that would be likely to cause confusion among the public or to disparage Pentegra. Nothing on our Site should be construed as granting any license or other right to any of Our Trademarks.

Access to Site Content; Accounts

You may freely access the public areas of our Site. To obtain access to features on password protected areas of our Site, you must have an account. You are solely responsible for all activity under your account and in connection with your access credentials, including all instructions electronically transmitted and use of services and data. You agree to keep your access credentials confidential and not to give another person access. You accept responsibility for monitoring your account. You agree to use our Site to access only accounts you are authorized to access. Pentegra may act upon, and has no obligation to inquire as to the authority of instructions given through your access credentials. Pentegra will not be liable for any loss, cost, expense or other liability arising out of any such instructions. You agree to notify us immediately if you suspect or become aware that anyone has obtained or attempted to obtain unauthorized access to your account or other potential disclosure, theft, loss, or unauthorized use of your access credentials. You agree to cooperate with us in any investigation concerning your account and agree to take corrective measures to protect against fraudulent activity. You represent and warrant that all information you provide on our Site is current, accurate, and complete and that you will update it as necessary to maintain it as current, accurate, and complete. We reserve the right, in our sole discretion, to suspend or terminate access to our Site at any time if we suspect that you have not complied with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use our Site in any way that violates these Terms or any applicable law or regulation.

Additional terms or rules may be provided in connection with certain services or offers on our Site. Subject to applicable law, the additional terms or rules will apply to those services or offers as well as these Terms.

Our Site and Site Content is intended to be available primarily to individuals in the United States.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD-PARTY DATA PROVIDERS) INCLUDED IN OR ACCESSIBLE FROM OUR SITE IS AT YOUR SOLE RISK.

Other Restrictions

You agree not to use our Site for any purpose that is unlawful or prohibited by these Terms, including attempting to or actually: (i) undertaking or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any local, state, Federal, or international law or regulation; (ii) interfering with the operation or integrity of the Site or circumventing any Site security; (iii) imposing an unreasonable load on the Site's infrastructure or infecting the Site with viruses, worms, or other malicious elements; (iv) accessing any restricted areas of the Site without appropriate authorization; (v) collecting data about other users or harvesting data from the Site to populate databases or for any purpose not expressly permitted; (vi) providing false or misleading information; or (vii) uploading any unlawful, threatening, misleading or false information or material that infringes any intellectual property or other right or that constitutes unsolicited advertising or other forms of solicitation.

Links, Frames and Metatags

You may not use metatags or any other "hidden text" that incorporates Our Trademarks, or words confusingly similar to Our Trademarks, without our prior written consent. Pentegra grants you a limited, revocable, nonexclusive license to link to our Site ("Link") on the condition that your Link: (i) directs users to the applicable Site’s home page; (ii) includes only text (e.g., Pentegra) and not include any Pentegra logo without our prior written permission; (iii) does not imply that Pentegra endorses, sponsors, or is otherwise affiliated with your site or otherwise falsely represent any relationship between your site and Pentegra; (iv) does not include any misleading, false, or derogatory, or other offensive depiction of Pentegra; (v) does not frame the content or other features of our Site without our prior written permission.

Third-Party Sites; Social Media; Pentegra’s Benefit Services Platform

Our Site may include links to websites controlled and maintained by third parties ("Third-Party Sites") for our users' convenience. Pentegra is not responsible for Third-Party Sites and its content ("Third-Party Content"). Pentegra makes no representations or warranties of any nature concerning Third-Party Sites and Third-Party Content, including its accuracy, timeliness, completeness, or suitability for use. You use any Third-Party Site and Third-Party Content solely at your own risk. You agree that Pentegra is not liable for any loss or damage you may incur from using any Third-Party Site or Third-Party Content or any related third-party product or service. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites terms of use and privacy statements, which you should review carefully. You hereby release Pentegra from any claim of any nature, known or unknown, that you may ever have arising from your use of any Third-Party Site or Third-Party Content, and you waive all rights and benefits under California Civil Code Section 1542 (which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor) and benefits under similar laws in other states.

You may also link to Pentegra’s social networking sites accounts for additional news. In addition, you may link to Pentegra’s Benefit Services Platform, which will be governed by additional terms.

Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

OUR SITE, SERVICES, PRODUCTS, AND CONTENT ARE OFFERED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, SERVICES, PRODUCTS, AND CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), TITLE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SECURITY, CURRENCY, TIMELINESS, CORRECTNESS, ACCURACY, COMPLETENESS, QUALITY, OR RELIABILITY OF ANY PRODUCTS, SERVICES OR CONTENT AVAILABLE THROUGH OUR SITE (OR THROUGH LINKS TO THIRD-PARTY SITES), INCLUDING THAT OUR SITE, SERVICES, PRODUCTS, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OTHER ISSUES CONCERNING OUR SITE, SERVICES, PRODUCTS, AND CONTENT. IF YOU RELY ON OUR SITE, SERVICES, PRODUCTS, OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE, SERVICES, PRODUCTS, OR CONTENT WILL BE FREE FROM SUCH ELEMENTS AND PENTEGRA IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.

PENTEGRA PROVIDES RETIREMENT PLAN, FIDUCIARY OUTSOURCING, AND INSTITUTIONAL INVESTMENT SOLUTIONS TO CLIENTS THROUGHOUT THE UNITED STATES. PENTEGRA IS A WHOLLY OWNED SUBSIDIARY OF THE PENTEGRA DEFINED BENEFIT PLAN FOR FINANCIAL INSTITUTIONS, A TAX-QUALIFIED MULTIPLE EMPLOYER DEFINED BENEFIT PENSION PLAN. SOME OF THE SERVICES PROVIDED BY PENTEGRA AND ITS EMPLOYEES MAY BE PROVIDED THROUGH ONE OF PENTEGRA’S SUBSIDIARY COMPANIES:

INFORMATION AND MATERIAL AVAILABLE THROUGH OUR SITE IS SOLELY FOR CONVENIENCE AND EDUCATIONAL AND INFORMATIONAL PURPOSES. OUR SITE AND SITE CONTENT ARE NOT INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT, OR INSURANCE-RELATED ADVICE. NOTHING ON OUR SITE SHOULD BE CONSTRUED AS A RECOMMENDATION OR AN OFFER OR SOLICITATION TO BUY OR SELL ANY SECURITIES. CERTAIN INVESTMENT PLANNING TOOLS, RETIREMENT CALCULATORS, AND MARKETING MATERIALS AVAILABLE ON OUR SITE MAY PROVIDE GENERAL FINANCIAL AND INVESTMENT INFORMATION. RETIREMENT PLAN PARTICIPANTS ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY, SECURITY OR RELATED TRANSACTION IS APPROPRIATE BASED ON THE PARTICIPANT'S PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, TIME HORIZON AND RISK TOLERANCE. INDIVIDUALS SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO EACH INDIVIDUAL'S NEEDS AND SITUATION.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS THROUGH OUR SITE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM ANY DOWNLOAD.

Limitation of Liability

PENTEGRA AND ITS AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR SITE, SERVICES, PRODUCTS, OR CONTENT OR FROM YOUR BREACH OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL PENTEGRA AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST INCOME, REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, SYSTEMS FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE, SERVICES, PRODUCTS OR CONTENT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. THIS IS TRUE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THESE LIMITATIONS OR EXCLUSIONS, THE LIABILITY OF PENTEGRA AND ITS AFFILAITES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN THE JURISDICTION.

Indemnification

You agree to indemnify and hold Pentegra and its affiliates and their respective directors, officers, employees, contractors, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys' fees) that any of the indemnified parties may incur arising out of or related to your use of our Site, services, products, or content or your violation of these Terms. Pentegra reserves the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.

Termination

We reserve the right to terminate these Terms, our Site, and any services, products, or content offered through our Site at any time without notice for any reason. The "Disclaimers," "Limitation of Liability," "Indemnification," and "General" sections of these Terms, along with any other provision that by its nature contemplates survival, will survive any termination.

General

These Terms, which include our Privacy Statement, are the complete agreement between you and Pentegra regarding your use of our Site. These Terms are governed by and should be construed according to the laws of the State of New York applicable to agreements made and performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. If you choose to access our Site from jurisdictions other than the United States, you do so at your own risk, and you are responsible for complying with any applicable local laws. You irrevocably agree: (A) to bring any claim or dispute relating to your use of our Site and these Terms exclusively in the state and federal courts located in the State and County of New York; (B) to submit to the exclusive jurisdiction of those courts; and (C) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without Pentegra's prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right unless the waiver is in writing. The term "including" in these Terms is intended to be illustrative and means "including without limitation."

Questions

If you have any questions or comments about these Terms, please contact us by email at legal@pentegra.com; by mail at: Pentegra Services, Inc., 701 Westchester Avenue, Suite 320E, White Plains, NY 10604; Attn: Legal Department; or by phone at (800) 872-3473.