Please use the social security number of the custodian and not the minor when creating online access for a Custodial Account.
Please use the social security number of the trustee when creating online access for a Trust Account.
Online Account Access Terms and Conditions
NOTE: ACCESSING ACCOUNT INFORMATION OR INITIATING TRANSACTION OR ACCOUNT MAINTENANCE REQUESTS THROUGH THIS WEBSITE CONSTITUTES AND SHALL BE DEEMED TO BE ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
ONLINE ACCOUNT ACCESS TERMS AND CONDITIONS
This Agreement ("Agreement") describes your rights and obligations as a user of certain online services (the "Services") provided ) with regard to one or more accounts (the "Accounts") maintained under the Kentucky Education Savings Plan Trust ("Plan") and accessed via the private, secure portion of the Plan website ("Website"). Your access of, request for information via, or placement of any transaction or maintenance request through this Website constitutes use of the Services. By using the Services, you agree to comply with the terms and conditions of this Agreement.
As with all financial accounts and transactions, you should exercise great care in using the Services provided on this Website and entering personal information on the Website and. The information provided on this Website is provided to facilitate transactions in your Account and maintenance requests and does not constitute an offer to sell or a solicitation of an offer to buy interest in the Plan. Nothing on this Website should be construed as rendering tax, legal, investment, accounting or other forms of advice. The posting of any information on this Website should not be interpreted as a recommendation or opinion that you should make any purchase or sale or participate in any transaction, nor shall its presence constitute a warranty of accuracy, or the completeness of such information.
You alone assume the sole responsibility of evaluating the data and information provided via the Website. In exchange for using Website and the Services, you agree not to hold the Plan or any of its service providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Website or any Service.
2. TECHNICAL REQUIREMENTS.
You alone are responsible for ensuring you have a secure internet connection and appropriate hardware capable of receiving, accessing and displaying information available through the Website. The Website is best viewed using the latest version of Internet Explorer, Chrome, Firefox or Safari. Certain documents on the Website, are made available in the Portable Document Format (PDF). You must have Adobe reader to access PDF files. You can read about it and download it directly from Adobe's web site, www.adobe.com.
3. SCOPE OF USE; USER COVENANTS.
You are the only authorized user of the Services under this Agreement. You agree to provide all equipment to access the Services and you will be solely responsible for paying all charges related thereto. In connection with your use of this Website, you may establish or otherwise receive user IDs, passwords and other security codes, methods and devices used to access the Website ("User Codes"). Your use of the Services may involve transmission of your personal and personal financial information by electronic means. You hereby consent to such transmission as is necessary to complete any request submitted under use of your User Codes. You are responsible for the confidentiality and use of your User Codes, Account numbers, social security numbers or other personal information used in connection with your Account(s) to access the Website or to verify your identity. You agree not to share your User Codes with any other person, not to allow any other person access to the Services and not to make the Website or any information thereon available to any third parties.
You agree that you will use the Services, and the Website, in a manner consistent with applicable laws and regulations and in accordance with this Agreement, as it may be amended by the Plan from time to time. The Plan may revise this Agreement at any time, and you agree to be bound by future revisions. Any use of the Website or Services by you subsequent to any such revision shall be deemed to be consent by you to such revision. It is your responsibility to periodically review the most current terms and conditions.
Use of the Service does not create a partnership, agency, joint venue or any employee-employer relationship between you and the Plan or its service providers.
4. OWNERSHIP OF CONTENT.
All of the information and content on this Website ("Content") is owned or licensed by the Plan, and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of the Plan.
The Plan retains all right, title and interest worldwide in and to any trademarks, service marks and trade names that appear in the Content. Except when included in any authorized printouts of the Content, you are not authorized to make any other use of such marks or trade names, including, but not limited to, as metatags or in any other fashion which may create a false or misleading impression of affiliation or sponsorship with or by the Plan or any of its service providers.
5. ONLINE ACCOUNT TRANSACTIONS; CONSENT; SOFTWARE & HARDWARE REQUIREMENTS.
Your use of the Services indicates your consent to conduct certain transactions relating to your Account(s) in the Plan electronically and constitutes consent to the terms and conditions of this Agreement.
You agree that you shall be solely responsible for any information entered by you and all transaction and Account maintenance requests transmitted electronically via the Website as a result of access gained by means of your User Codes. You agree that you are alone responsible for all corresponding transactions and Account maintenance changes that are implemented as result of your requests and for all acts or omissions that occur on the Website through the use of your User Codes. You agree that neither the Plan nor any of its service providers have any duty to inquire as to the authority or propriety of any instructions given by you or under use of your User Codes. Further, you agree that the Plan and its service providers shall be entitled to act upon any such instructions.
You agree that the Plan and its service providers shall not be deemed to have received any transaction or Account maintenance request electronically transmitted by you until it has been received by the Plan or its service providers, as applicable. Any acknowledgements or other messages which may appear on your screen upon entry of any transaction or Account maintenance request do not mean that the transaction or Account maintenance request has been received, accepted or rejected. Such acknowledgements are only an indication that the transactional or Account maintenance request entered by you has either been transmitted to the Plan or its service providers, or that it cannot be transmitted.
By requesting a transaction or Account maintenance request online, you agree that you are authorized to do so and that you are of legal age and capacity to do so. TRANSACTIONS AND ACCOUNT MAINTENANCE REQUESTS SUBMITTED VIA THIS WEBSITE ARE SUBJECT TO ALL REQUIREMENTS, RESTRICTIONS AND FEES AS SET FORTH IN THE PLAN DISCLOSURE BOOKLET AND PLAN FORMS.
You agree to accept all communications from the Plan or its service providers regarding use of the Services or Website at the most recent addresses you have provided. Please promptly update any changes to your address information. The Plan and its service providers are entitled to rely on the e-mail address and mail address that you last provided. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or mail address that you have not reported to the Plan or its service providers.
6. OFFICIAL STATEMENTS; ERROR NOTIFICATION.
Account data provided through the Website is generally updated as of the prior business day's close of business. This information is subject to adjustment and correction.
You agree to be solely responsible for the monitoring of your Account(s). You are responsible for reviewing all statements received by you in order to verify the accuracy of all Account information provided in the statement and all requests entered through this Website. You are also responsible for promptly notifying the Plan of any errors or inaccuracies relating to information contained in, or omitted from your Account statements and confirmations including errors or inaccuracies arising from the transactions or Account changes implemented in response to your requests entered through the Website.
In addition, you agree to immediately notify the Plan if any of your User Codes are lost or stolen, if there is unauthorized use of a User Code or if there is any other type of discrepancy or suspicious or unexplained occurrence relating to the Services or your Account.
All notifications to the Plan pertaining to this Agreement shall be directed to:
Kentucky Education Savings Plan TrustP.O. Box 55205
Boston, MA 02205-5205
If you fail to notify the Plan when any of the above conditions occur neither the Plan, its service providers nor their officers, directors, trustees, employees, agents, affiliates, subsidiaries, or parents, nor any third parties, can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling, or loss of any transaction or Account maintenance request or with respect to the Services.
Use of the Services requires the use of the Internet, wireless or related electronic or similar services to transport data or communications outside of the control of the Plan and its service providers. You understand and agree that electronic (including wired and wireless) communications through the Website may not be encrypted. You acknowledge that such communications are inherently insecure and the Plan and its service providers disclaim any liability for interception of any such data or communications.
9. MODIFICATION & TERMINATION.
You agree that the Plan may, at any time and without notice or consent, modify, change, or discontinue the Services, in whole or in part, or modify or change the Website, in whole or in part. Without limiting the foregoing, you agree that the Plan and its service providers may immediately terminate its provision of the Services to you if you breach this Agreement, if you have jeopardized the proper and efficient operation of the Services, or if you engage in activity which is contrary to the Plan's or its service providers' policies. Any unauthorized use of the Services, whatsoever, shall result in automatic termination of this Agreement, meaning you will no longer be able to access your Account information, or request transactions or Account maintenance changes.
Any material modification, change or notification of termination of the Services will be posted by the Plan on the Website.
10. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES.
You expressly acknowledge and agree that the use of any information, including, without limitation, transaction and Account maintenance activity, account balances, and any other information available through use of the Services is at your sole risk and responsibility.
You agree that neither the Plan nor its service providers working with the Plan to provide the Services shall be responsible for any damages, injury or loss that may result from the use of, or the inability to use, the Website or the Services.
Neither the Plan, any of its service providers nor any of their affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Services or the Website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Services or the Website or the operation of the Services or the Website or the failure of, or the inability to use, the Services or Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this Agreement and you acknowledge that the Plan would not grant access to the Website without your agreement to this term. Further, you agree that the Plan and its service providers will not be liable for any loss, cost, expense or other liability arising out of any instructions or requests described in Section 6 of this Agreement.
THE SERVICES AND THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE PLAN AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE WEBSITE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PLAN AND ITS SERVICE PROVIDERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES OR THE WEBSITE AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE PLAN OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
The Plan and its service providers shall not be responsible for, and makes no warranties regarding, the access, speed or availability of the Services or the accuracy, completeness, sequencing or timeliness of the information provided through the Website. You acknowledge that at times the Website may be inaccessible or its transaction features may be unavailable.
The Plan and its service providers reserve the right to block access to this Website for any reason, including but not limited to: backing up the system; maintaining or restoring security to the Website if the Plan or its service providers believe your User Codes have been or may be obtained or are being used or may be used by an unauthorized person(s); and maintaining the general security and/or integrity of your Account(s), or the Plan's or its service providers' data and/or systems.
You agree to indemnify and hold harmless the Plan, its service providers and their affiliates and assigns and the officers, directors, employees, agents and representatives of each against all claims, losses, liabilities, damages or costs and expenses, including reasonable attorneys' fees, arising out of this Agreement or from your use of or access to the Services or Website or inability to use or access the Services or Website.. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold the Plan and its service providers harmless against all claims, losses, liabilities, damages or costs and expenses, including reasonable attorneys' fees arising out of, or resulting from, such access and related use of the Website or the Services
12. OTHER AGREEMENTS.
You agree that the terms of this Agreement are supplemental to and shall not void or modify the terms and conditions of any other agreement that you have entered into or may enter into in the future relating to the Plan, and that the terms and conditions set forth in any such other agreement shall remain in full force and effect and shall take precedence over this Agreement in the event of an inconsistency.cy.
13. APPLICABLE LAW.
This Agreement is governed by the laws of the [State of Plan] without giving effect to conflicts of laws principles. You agree to submit to the jurisdiction of the [State of Plan] for purposes of all legal proceedings arising out of this Agreement. You hereby irrevocably waive any and all rights to trial by jury in any legal proceeding arising out of this Agreement.
Should any provision of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Agreement, unless waived in writing, shall not constitute a waiver of that party's right to enforce each and every term and condition of this Agreement.
You agree that all nonpublic information that you may gain access to regarding the Services or the Website, and other Plan-related content or services will be considered the Plan's confidential information, and you agree to not use or disclose such confidential information except as necessary to carry out the objectives of these Terms.
The Website may offer you the opportunity to personalize your online experience. While certain personalization features can provide a more convenient way to access the data and features most relevant to you, be aware that "cookies" and other similar identification techniques are used to associate you with the computer or electronic device that you are using. If you access the Website from a public location or if you otherwise share a computer or electronic device, some personalization features could reveal non-public personal information about you to others. You alone are responsible for deciding whether a particular personalization feature is appropriate for you and for any consequences that result from your decision.
17. THIRD PARTIES.