Welcome to 529 Boost!
Thanks for using our products and services ("Services"). The Services are provided by Ascensus College Savings Recordkeeping Services, LLC, and its affiliates ("Ascensus College Savings"), located at 95 Wells Avenue, Suite 160, Newton, MA 02459, United States.
By accessing or using our Services, you are agreeing to these terms. Please read them carefully.
If you are using the Services on behalf of an entity or organization ("Organization"), then you are agreeing to these terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these terms. In that case, "you" and "your" refers to you and that Organization.
Using our Services and Content
You must follow any policies made available to you within the Services.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Ascensus College Savings'. This content is the sole responsibility of the Organization(s) that makes it available.
Services may allow you to upload, submit, store, send or receive certain data or content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload, submit, store, send or receive data or content to or through our Services, you give Ascensus College Savings (and those we work with) a worldwide license to use, host, and store such content. The rights you grant in this license are for the limited purpose of performing the Services pursuant to your instructions.
Your 529 Boost Account
You are required to register and create a 529 Boost Account in order to access and use the Services; once you complete the registration, you will be notified by email whether your registration has been accepted. During this registration process, you will be asked to create a unique user name and password. The password must meet certain minimum requirements for security purposes. Ascensus College Savings will conduct several validation checks prior to providing you with access to the Services.
To protect your 529 Boost Account, keep your password confidential. You are responsible for the activity that happens on or through your 529 Boost Account. Try not to reuse your 529 Boost Account password on third-party applications. If you learn of any unauthorized use of your password or 529 Boost Account, please call our Client Services at 1-888-823-4329.
Transmission of Personally Identifiable Information
In some instances, Services may involve the transmission of proprietary information about your Organization, and personally-identifiable information of individuals within your Organization, including without a limitation, their first and last names, employee identification numbers, 529 account numbers, amounts deposited into the respective 529 account(s), and the eligibility status.
By using the Services, you consent to the transmission of such information by electronic means and represent to Ascensus College Savings and the applicable 529 Plan(s), that you have obtained all necessary permissions and authorizations for such transmissions. You further represent that such consent shall be effective at all time during your use of the Services, and that Ascensus College Savings may rely on your authorizations and/or instructions.
Additionally, Ascensus College Savings' Privacy Statement explains how we treat personal information and protect privacy when you use our Services. By using our Services, you agree that Ascensus College Savings can use such data in accordance with its Privacy Statement.
Software in our Services
Ascensus College Savings gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Ascensus College Savings as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Ascensus College Savings, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time. Ascensus College Savings may also stop providing Services to you, or add or create new limits to our Services at any time.
If we discontinue the Services or if you stop using the Services, Ascensus College Savings will disable your access to the Services. However, we may retain backup copies of your content for a limited period of time in accordance with applicable law and our then-current data retention policy.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER ASCENSUS COLLEGE SAVINGS NOR ITS SUPPLIERS OR CONTRACTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE DATA OR CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
UNDER NO CIRCUMSTANCES WILL ASCENSUS COLLEGE SAVINGS, 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 DATA, CONTENT OR THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION ACCESSIBLE VIA THE SERVICES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ASCENSUS COLLEGE SAVINGS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE SERVICES.
IN ALL CASES, ASCENSUS COLLEGE SAVINGS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY STATE, STATE GOVERNMENTAL AGENCY OR THEIR OFFICIALS, OFFICERS OR EMPLOYEES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of an Organization, that Organization will hold harmless and indemnify Ascensus College Savings, its affiliates, and each of its officers, employees, and agents, and the applicable 529 Plan(s), from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Nothing in the content or the Services 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.
About these Terms
We may modify these terms, for example, to reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than five business days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
These terms control the relationship between Ascensus College Savings and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the Commonwealth of Massachusetts, USA, without regard to conflict of law principles, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts (as applicable) in the Commonwealth of Massachusetts, and you and Ascensus College Savings consent to personal jurisdiction in those courts.