TERMS AND CONDITIONS OF USE OF OMNI ONLINESM


I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
II. DESCRIPTION OF SERVICE
III. USER'S REGISTRATION OBLIGATIONS
IV. USE OF REGISTRATION DATA
V. MODIFICATIONS TO TERMS OF SERVICE
VI. MODIFICATIONS TO SERVICE
VII. OMNI ONLINESM PRIVACY POLICY
VIII. USER ACCOUNT, PASSWORD AND SECURITY; UNAUTHORIZED USE
IX. USER CONDUCT
X. INDEMNITY
XI. NO RESALE OR OTHER COMMERCIALY DISTRIBUTION OF THE SERVICE
XII. EMAIL STORAGE
XIII. TERMINATION
XIV. DEALINGS WITH ADVERTISERS
XV. LINKS
XVI. OMNI ONLINESM'S PROPRIETARY RIGHTS
XVII. DISCLAIMER OF WARRANTIES
XVIII. LIMITATION OF LIABILITY
XIX. NOTICE
XX. GENERAL

Terms and Conditions of Use
You will have to register to use OMNI OnlineSM.
By becoming a registered user of OMNI OnlineSM you agree to the following Terms and Conditions of Use ("Terms"). Please read them carefully, and click the checkbox confirming you have done so.

I agree :
A. to provide true and correct information about myself in the registration form.
B. not to use the service for any illegal purposes or any purpose that may be contrary to the spirit and or intent of federal and state laws and regulations, including but not limited to the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or any other rights of another.
C. not to resell or otherwise distribute commercially the service, or to use the service for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.
D. OMNI OnlineSM and its affiliates may in their sole discretion terminate my account immediately and without prior notice if they believe I have in any way violated the Terms.
E. OMNI OnlineSM and its affiliates, employees, officers and agents shall not have any liability whatsoever to me for any loss or injury related to my use of any service provided at or through OMNI OnlineSM
F. Please report any violations of the Terms to The OMNI® Group either by emailing security@omni403b.com or by telephone at 1-877-544-6664. When calling, please advise that your call refers to a SECURITY ALERT.

I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The OMNI OnlineSM website owned by The OMNI® Group, Inc. ("OMNI Online") is provided to the user under the terms and conditions of this OMNI OnlineSM Terms, where applicable other agreements, and any amendments thereto and any operating rules or policies that may be changed from time to time by OMNI OnlineSM.

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, I AM AGREEING TO BE BOUND BY THE TERMS.

II. DESCRIPTION OF SERVICE
OMNI OnlineSM is providing user with the capability to send and receive electronic mail and attachments via the World Wide Web on OMNI OnlineSM's system (or providing the ability for systems to communicate and send files to one another).

III. USER'S REGISTRATION OBLIGATIONS
In consideration for the use of the service, user agrees to: (a) provide true, accurate, current and complete information about user as prompted by the Registration Form, and (b) maintain and update this information to keep it true, accurate, current and complete. This information about user shall be referred to as "Registration Data." If any information provided by user is untrue, inaccurate, not current or incomplete, OMNI OnlineSM has the right to terminate User's account and refuse user any and all current or future use of the service. Further, OMNI OnlineSM shall have no liability whatsoever for the failure of the user to update or maintain user's information.

IV. USE OF REGISTRATION DATA
User agrees that OMNI OnlineSM or its affiliate may disclose Registration Data to third parties about user and information about user's use of the service provided only as appropriate or as related to the administration of the 403b or 457 plan.

V. MODIFICATIONS TO TERMS OF SERVICE
OMNI OnlineSM may change the Terms from time to time. User will be notified of any such amendments. User will have the option at such time to waive acceptance of the new Terms. If user does not accept the new Terms, user will no longer have access to the service.

VI. MODIFICATIONS TO SERVICE
OMNI OnlineSM reserves the right to modify, maintain, or discontinue, temporarily or permanently, the service with or without notice to user. User agrees that OMNI OnlineSM shall not be liable to user or any third party for any modification, time out for maintenance, or discontinuance of the service, or for the failure to store or make accessible any email messages in the event of any modification, maintenance, or discontinuance of the service.

VII. OMNI ONLINESM PRIVACY POLICY
OMNI OnlineSM considers email transmitted via its website to be the private correspondence between the sender and the recipient. OMNI OnlineSM will not monitor, edit or disclose the contents of a user's private communications, except that user agrees OMNI OnlineSM may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the Terms; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of OMNI OnlineSM, or others. User acknowledges and agrees that OMNI OnlineSM does not endorse the content of any user communications and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or other rights of another.

VIII. USER ACCOUNT, PASSWORD AND SECURITY; UNAUTHORIZED USE
User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under user's password or account. If user knows or has reason to believe that any third party has access to user's password without authorization, user agrees to notify OMNI OnlineSM immediately of any actual or suspected unauthorized use of user's password or account or any other breach of security. You may either email OMNI at security@omni403b.com or phone us at 1-877-544-6664. When calling, please advise that your call refers to a SECURITY ALERT. Your OMNI OnlineSM account is associated with a single authorized email address. OMNI OnlineSM shall not be responsible for the privacy or security of any message sent by any unauthorized user utilizing functionality not registered to or associated with the sender's email address.

IX. USER CONDUCT
User agrees to abide by all applicable local, state, national, and international laws and regulations in use of OMNI OnlineSM, and agrees not to interfere with the use and enjoyment of the same by others. User agrees to be solely responsible for the contents of user's transmissions through OMNI OnlineSM. User agrees (a) not to use the service for illegal purposes; (b) not to interfere with or disrupt the services or servers or networks connected to the OMNI OnlineSM; (c) to comply with all requirements, procedures, policies and regulations of networks connected to OMNI OnlineSM's services; and (d) to comply with all applicable laws including but not limited to export laws regarding the transmission of technical data. User agrees not to transmit through OMNI OnlineSM any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. Finally, User agrees not to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.

X. INDEMNITY
User agrees to indemnify and hold OMNI OnlineSM, and its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of user's use of the OMNI OnlineSM, user's connection to OMNI OnlineSM, user's violation of the Terms, or user's violation of any rights of another.

XI. NO RESALE OR OTHER COMMERCIALY DISTRIBUTION OF THE SERVICE
User agrees not to resell or otherwise to distribute commercially the services of OMNI OnlineSM.

XII. EMAIL STORAGE
OMNI OnlineSM may establish default criteria that govern the size and retention period of message storage for user. OMNI OnlineSM assumes no responsibility for any deletion or failure to store email messages (by user, OMNI OnlineSM or any third party).

XIII. TERMINATION
User agrees that OMNI OnlineSM may terminate user's password, account or use of OMNI OnlineSM if OMNI OnlineSM believes (a) that user has violated or acted inconsistently with the letter or spirit of the Terms, or (b) that user has violated the rights of OMNI OnlineSM or other users or parties. User acknowledges and agrees that the use of OMNI OnlineSM may be terminated at the discretion of OMNI OnlineSM without prior notice, and acknowledges and agrees that OMNI OnlineSM may immediately delete email files in user's account and bar any further access to such files or the OMNI OnlineSM services.

XIV. DEALINGS WITH ADVERTISERS
User's correspondence with or participation in promotions of advertiser(s) and/or sponsor(s) found on OMNI OnlineSM, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such advertiser(s). User agrees not to hold OMNI OnlineSM liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertiser(s) on OMNI OnlineSM.

XV. LINKS
OMNI OnlineSM may provide, or users may include in email, links to other websites or resources. User acknowledges and agrees that OMNI OnlineSM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User agrees that OMNI OnlineSM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

XVI. OMNI OnlineSM'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to user through OMNI OnlineSM or by advertiser(s) is protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. User acknowledges and agrees that (i) User is permitted to use this material and information only as expressly authorized by OMNI OnlineSM or advertiser(s), and (ii) User may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without the written authorization of OMNI OnlineSM, the advertiser(s) or the owner(s) of such materials, as applicable.

XVII. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. OMNI OnlineSM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OMNI OnlineSM MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DOES OMNI OnlineSM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. OMNI OnlineSM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OMNI OnlineSM OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY OMNI OnlineSM WHATSOEVER.

XVIII. LIMITATION OF LIABILITY
USER AGREES THAT OMNI OnlineSM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OR THE INABILITY TO USE OMNI OnlineSMOR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S REGISTRATION INFORMATION, TRANSMISSIONS OR OTHER DATA, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OMNI OnlineSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT OMNI OnlineSM SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER OR NOT SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

XIX. NOTICE
Any notice to user under this Agreement shall be made via either email or regular mail, in the sole discretion of OMNI OnlineSM. OMNI OnlineSM may also provide notices of changes to the Terms or other matters by displaying notices to users generally on OMNI OnlineSM.

XX. GENERAL
The Terms and the relationship between user and OMNI OnlineSM shall be governed by the laws of the State of New York without regard to its conflict of law provisions. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the state of New York, County of Monroe. The failure of OMNI OnlineSM to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intent as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services hereunder or to the Terms must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms (with any applicable registration forms), as such may be amended from time to time, constitute the entire agreement between user and OMNI OnlineSM.