SECTION 1 — EDUCATIONAL-ONLY DISCLAIMER
| IMPORTANT NOTICE: FERS101.COM IS NOT A REGISTERED INVESTMENT ADVISER, BROKER-DEALER, INSURANCE COMPANY, INSURANCE AGENCY, CERTIFIED PUBLIC ACCOUNTING FIRM, OR TAX PREPARATION SERVICE. THE CONTENT AVAILABLE ON THIS PLATFORM IS PROVIDED SOLELY FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES AND DOES NOT CONSTITUTE PERSONALIZED FINANCIAL, LEGAL, TAX, INVESTMENT, OR RETIREMENT ADVICE OF ANY KIND. |
1.1 General Educational Purpose. FERS101.com is an online educational platform designed to help federal employees and retirees understand the Federal Employees Retirement System (FERS), the Civil Service Retirement System (CSRS), the Thrift Savings Plan (TSP), Federal Employees Health Benefits (FEHB), Federal Employees’ Group Life Insurance (FEGLI), Social Security, and related federal benefit programs. All content, articles, videos, webinars, worksheets, planning tools, calculators, projections, scenarios, courses, and any other materials made available through the Platform (collectively, “Content”) are provided exclusively for general informational and educational purposes.
1.2 Not Personalized Advice. Nothing on FERS101.com constitutes, and shall not be construed as, personalized financial advice, investment advice, tax advice, legal advice, insurance advice, or any other form of professional advice tailored to your individual circumstances, financial situation, employment history, health status, family situation, or retirement goals. The general information provided on this Platform is not a substitute for the individualized guidance of a qualified and licensed professional.
1.3 No Securities Recommendations. Nothing contained on the Platform constitutes a solicitation, recommendation, endorsement, or offer to buy, sell, hold, transfer, or otherwise transact in any security, financial product, insurance policy, annuity, mutual fund, TSP fund allocation, or other investment instrument. Any references to specific funds, investment strategies, or financial products are purely illustrative and educational in nature.
1.4 Federal Benefits Information — Educational Context. Information published on FERS101.com regarding FERS, CSRS, TSP, FEHB, FEGLI, Social Security, and Medicare is drawn primarily from publicly available government sources including the U.S. Office of Personnel Management (OPM), the Thrift Savings Plan (TSP.gov), the Social Security Administration (SSA.gov), and the Internal Revenue Service (IRS.gov). Content from non-government sources may be utilized to provide additional content and resources to deliver information and education to the user. Such information is provided for educational illustration only. The complexity of individual benefit eligibility, calculation methodologies, survivor benefit elections, and tax treatment means that general educational content cannot accurately reflect every user’s unique situation.
1.5 No Substitute for Professional Counsel. Users should not rely on the Platform’s Content as a substitute for consultation with a licensed financial planner, Certified Financial Planner (CFP), Chartered Federal Employee Benefits Consultant (ChFEBC), Certified Retirement Financial Adviser (CRFA), Certified Public Accountant (CPA), Enrolled Agent (EA), attorney, insurance professional, or other qualified adviser. Before making any retirement, investment, insurance, tax, or legal decision, users are strongly encouraged to consult with one or more licensed professionals who are familiar with federal employee benefits and the user’s specific circumstances.
1.6 Tools and Calculators. Any retirement planning calculators, pension estimators, TSP projection tools, FEHB comparison tools, or other interactive features available on the Platform are algorithmic and illustrative in nature. Outputs generated by such tools are estimates only and are subject to significant variance based on assumptions, input accuracy, changes in law, and individual circumstances. Such outputs do not constitute financial projections, actuarial assessments, or professional retirement planning services.
1.7 Registration Status. FERS101.com is not registered as an investment adviser with the U.S. Securities and Exchange Commission (SEC) or any state securities authority. FERS101.com is not a licensed insurance producer or agency in any state. FERS101.com is not a licensed law firm or legal services provider. FERS101.com does not provide tax preparation or tax representation services regulated under Title 31 of the Code of Federal Regulations.
SECTION 2 — NO FIDUCIARY RELATIONSHIP
2.1 No Fiduciary Duty Created. Your use of FERS101.com and any of its features, tools, content, or services does not create, and shall not be construed to create, any fiduciary duty owed by FERS101.com, its owners, operators, employees, independent contractors, agents, or affiliates to you. FERS101.com explicitly disclaims any fiduciary relationship with its users. No relationship of trust, confidence, or reliance for financial, legal, or other professional guidance is established by your use of this Platform.
2.2 No Professional Relationships Formed. Use of the Platform does not establish, and shall not be interpreted to establish, any of the following relationships: (a) attorney-client relationship; (b) CPA-client or accountant-client relationship; (c) financial planner-client relationship; (d) investment adviser-client relationship; (e) insurance agent-insured relationship; or (f) any other regulated professional-client relationship. Any such relationships may only be established through a separate, written engagement agreement with a licensed and appropriately credentialed professional.
2.3 Educational Simulations Distinguished from Professional Services. The personalized planning tools, retirement estimators, benefit comparison features, and interactive calculators available on the Platform are algorithmic, educational simulations. They are designed to provide illustrative educational outputs based on user-entered data and publicly available benefit rules. These tools do not constitute professional retirement planning, actuarial analysis, financial planning, or investment advisory services as defined under applicable federal and state law, including but not limited to the Investment Advisers Act of 1940 and applicable state securities statutes.
2.4 No Reliance on Calculator Outputs. Results generated by any calculator, planner, or simulation tool on the Platform should not be acted upon without independent verification by a licensed professional. FERS101.com expressly disclaims responsibility for any decisions made by users in reliance on tool outputs, projections, or educational content, whether or not such content was accurate at the time of publication.
2.5 Distinction from Regulated Financial Planning. Regulated investment advisory and financial planning services involve the establishment of a formal advisory relationship, a formal suitability or know-your-client assessment, fiduciary duties, regulatory oversight, and client-specific recommendations. FERS101.com provides none of these services. The distinction between general financial education (as provided by this Platform) and regulated financial advice is material and legally significant. Users are encouraged to understand this distinction fully before making financial decisions.
SECTION 3 — ADVISOR REFERRAL PROGRAM STRUCTURE
3.1 Referral Network Overview. FERS101.com may, from time to time, refer users to third-party licensed professionals, including but not limited to financial advisors, financial planners, attorneys, certified public accountants, enrolled agents, insurance agents, federal benefits consultants, and other specialists (collectively, “Referred Professionals”). Such referrals may be made through directory listings, referral request forms, platform features, email introductions, or other mechanisms.
3.2 Compensation Disclosure — Referral Fees. FERS101.com may receive financial compensation, referral fees, revenue-sharing payments, or other forms of remuneration from Referred Professionals or their affiliated firms in connection with user referrals. The existence of such compensation arrangements does not imply that a Referred Professional is superior to or more suitable than other professionals not affiliated with the Platform’s referral network. The nature and amount of such compensation arrangements vary and may be disclosed upon request.
3.3 Referrals Are Not Endorsements. Inclusion of a professional in any FERS101.com referral directory, referral network, or recommended professionals list does not constitute an endorsement, guarantee, or warranty of that professional’s competence, suitability, accuracy, quality of service, ethical conduct, or regulatory compliance. FERS101.com does not conduct comprehensive vetting of Referred Professionals beyond basic credential confirmation, and such confirmation does not guarantee current licensure, good standing, or absence of disciplinary history.
3.4 Independent Relationship Between User and Referred Professional. Any engagement, agreement, fee arrangement, service relationship, or transaction between a user and a Referred Professional is solely between those parties. FERS101.com is not a party to any such engagement and assumes no responsibility, liability, or obligation arising from the user’s interaction with or engagement of any Referred Professional. All fees, terms, and conditions of engagement are to be negotiated and agreed upon directly between the user and the Referred Professional.
3.5 User Due Diligence Required. Users are strongly encouraged and expressly required to conduct their own due diligence before engaging any Referred Professional. This includes, without limitation: (a) verifying current licensure and credentials through applicable regulatory databases; (b) checking FINRA BrokerCheck (brokercheck.finra.org) for broker-dealer and registered investment adviser representatives; (c) verifying attorney standing through applicable state bar associations; (d) verifying CPA and enrolled agent credentials through state boards of accountancy and the IRS Office of Enrollment; (e) verifying insurance agent licensure through state insurance department databases; and (f) reviewing any disciplinary history, complaints, or regulatory actions on file with applicable regulatory bodies.
3.6 Categories of Referred Professionals. The following categories of professionals may be included in or referred through the FERS101.com referral network:
● Financial Advisors and Planners: Including Certified Financial Planners (CFP), Chartered Federal Employee Benefits Consultants (ChFEBC), Certified Retirement Financial Advisers (CRFA), and registered investment advisers registered with the SEC or applicable state securities authorities.
● Attorneys: Including attorneys specializing in federal employment law, disability retirement claims, Merit Systems Protection Board (MSPB) appeals, federal sector labor law, and estate planning.
● Certified Public Accountants (CPAs) and Enrolled Agents (EAs): Tax professionals licensed to practice before the IRS and advise on federal income tax matters affecting federal employee benefits, retirement income, and TSP distributions.
● Life Insurance and FEGLI Specialists: Licensed insurance agents or brokers who specialize in Federal Employees’ Group Life Insurance (FEGLI), supplemental life insurance, and long-term care insurance products available to federal employees.
● Federal Benefits Consultants: Consultants who specialize in federal employee benefits education, benefit election guidance, and retirement paperwork preparation, but who may not hold securities licenses. The scope of services such consultants are authorized to provide is limited to non-securities, non-regulated advisory functions, and users should understand those limitations before engaging such consultants for any purpose that may require a securities or insurance license.
3.7 No Guarantee of Listing Accuracy. While FERS101.com endeavors to maintain accurate directory and referral listings, it does not guarantee that all listings reflect current licensure status, disciplinary history, geographic availability, or professional specializations at the time of any user inquiry. Users must independently verify all such information.
SECTION 4 — FEE DISCLOSURES
4.1 Free and Paid Features. FERS101.com offers both free and paid features. Free features may include access to general educational articles, introductory videos, basic informational tools, and certain blog content. Paid features may include, without limitation: premium subscription access to advanced planning tools and calculators; in-depth video course libraries; downloadable reports, guides, and worksheets; and live or recorded webinar access. The specific delineation of free versus paid features is disclosed on the Platform’s pricing page and may be updated from time to time.
4.2 Subscription Fees. Users who elect to subscribe to premium tiers of the Platform agree to pay the applicable subscription fees as disclosed at the time of purchase. Subscription fees are charged on a recurring basis (monthly or annual, as selected) and will continue until cancelled. All applicable fees, billing cycles, and auto-renewal terms will be clearly disclosed before the completion of any subscription transaction. Users will not be charged without affirmative consent, including the affirmative act of completing a purchase or subscription enrollment.
4.3 One-Time Purchase Fees. Certain content, including individual courses, reports, downloadable guides, and standalone webinar recordings, may be available for one-time purchase at prices disclosed at the point of sale. All material terms of such purchases, including price, content description, and any access limitations, will be disclosed before the completion of the transaction.
4.4 Referral and Affiliate Compensation. As further described in Section 3 of this Agreement, FERS101.com may receive referral fees or revenue-sharing payments from Referred Professionals. Additionally, the Platform may participate in affiliate marketing programs under which FERS101.com earns affiliate commissions or referral compensation when users purchase or engage with third-party products, books, software, financial planning tools, or services through links or recommendations on the Platform. The existence of affiliate relationships will be disclosed in accordance with applicable FTC guidelines, including the use of affiliate disclosure notices proximate to any such links or recommendations.
4.5 Advertising, Sponsored Content, and Partnerships. FERS101.com may generate revenue through display advertising, sponsored content, content partnerships, and promotional arrangements with third parties. All sponsored content, paid partnerships, and advertising placements will be conspicuously labeled as “Sponsored,” “Advertisement,” “Paid Partnership,” or equivalent disclosure language in a manner that is clear and prominent to the reasonable user. The presence of advertising or sponsorships does not imply endorsement of any advertiser’s products or services by FERS101.com.
4.6 Fee Changes. FERS101.com reserves the right to modify its fee structures, pricing, and subscription terms at any time. Users will be provided with advance notice of any material changes to fees applicable to their existing subscriptions or purchases, by email or prominent Platform notification, prior to the effective date of such changes. Continued use of the Platform following such notification constitutes acceptance of the revised fee terms.
4.7 Refund Policy. The following general refund terms apply, subject to any additional terms disclosed at the point of sale:
● Subscription Plans: Users who cancel a subscription within thirty (30) days of the initial subscription charge may be eligible for a prorated refund of the unused portion of the subscription period. Refund eligibility for renewals is subject to the specific terms disclosed at the time of renewal. Requests for refunds must be submitted to admin@fers101.com.
● Digital Content (Courses, Reports, Downloads): No refunds will be issued on consumed or accessed digital content (including downloaded files, accessed course modules, or viewed reports), unless the content is materially defective or materially different from its description. Claims of material defects must be submitted within fourteen (14) days of purchase.
● Webinars and Live Events: Refund terms for live webinars and events will be disclosed at the time of registration. In the event of Platform cancellation of an event, full refunds will be issued.
FERS101.com reserves the right to make exceptions to this refund policy on a case-by-case basis at its sole discretion.
SECTION 5 — MARKETING CLAIM SUBSTANTIATION
5.1 Commitment to Accuracy. FERS101.com is committed to ensuring that all factual claims made in its marketing materials, platform content, advertising, and promotional communications are truthful, substantiated, and not misleading. We strive to base factual assertions about federal benefit rules, contribution limits, eligibility criteria, and regulatory requirements on credible, authoritative, and verifiable sources.
5.2 Government Source Citations. When FERS101.com makes factual claims regarding federal benefit rules, TSP contribution limits, FERS/CSRS benefit formulas, FEHB premium information, FEGLI coverage details, Social Security benefit rules, or IRS tax treatment of retirement income, such claims shall be sourced from and attributed to applicable government publications and websites including, but not limited to: the U.S. Office of Personnel Management (OPM.gov), the Thrift Savings Plan (TSP.gov), the Social Security Administration (SSA.gov), the Internal Revenue Service (IRS.gov), and the U.S. Department of Labor (DOL.gov). Users are encouraged to verify all such information against the most current government publications.
5.3 Testimonials, Case Studies, and Illustrative Examples. Testimonials, user success stories, case studies, and illustrative retirement scenarios presented on the Platform are provided for educational illustration only. Such examples may not represent typical results or outcomes for users of the Platform. Individual retirement outcomes are highly dependent on factors including years of service, salary history, benefit elections, personal savings, investment performance, health costs, and other variables beyond the scope of this Platform’s educational content. Where testimonials or case studies are presented, FERS101.com will endeavor to include appropriate context and disclaimers.
5.4 Performance and Outcome Disclaimers. Any statements regarding “average savings,” “typical retirement income,” “estimated benefit amounts,” or similar outcome-oriented language on the Platform shall be accompanied by appropriate disclaimers including, as applicable: “Results not guaranteed,” “Individual results will vary,” and “Past educational engagement does not guarantee future retirement outcomes.” FERS101.com does not guarantee any particular retirement income, TSP account balance, benefit amount, or financial result from use of the Platform.
5.5 No Guarantees of Benefit Amounts or Investment Returns. FERS101.com makes no guarantee, warranty, or representation regarding any user’s future retirement income, pension benefit, TSP account balance, Social Security benefit, FEHB premium costs, or any other financial metric. All projections and estimates are illustrative only and subject to change based on legislation, regulation, individual circumstances, and market conditions.
5.6 Content Currency and Updates. FERS101.com endeavors to update its educational content in a timely manner when federal benefit rules, TSP contribution limits, Social Security parameters, IRS regulations, or OPM guidance change materially. However, the Platform cannot guarantee that all content reflects the most current law or guidance at any given time. Users are strongly encouraged to verify current rules, limits, and procedures directly with applicable government sources or a licensed professional, particularly prior to making any benefit election, retirement application, or financial decision.
5.7 Historical Content Disclaimer. Content published on the Platform prior to the current effective date of regulatory or legislative changes may not reflect updated rules. FERS101.com will endeavor to update or label outdated content, but users should independently verify the currency of any educational material, particularly content relating to annual contribution limits, COLA adjustments, premium amounts, and legislative changes affecting federal benefits.
SECTION 6 — THIRD-PARTY VENDOR DISCLOSURES
FERS101.com works with a variety of third-party vendors and Referred Professionals in connection with the delivery of Platform services. The following disclosures apply to each category of third-party relationship. FERS101.com is not responsible for the acts, omissions, errors, advice, services, or products of any third-party vendor, Referred Professional, or other third party referenced on or accessible through this Platform.
6(a) — Tax Professionals / CPAs / Enrolled Agents
FERS101.com may partner with or refer users to Certified Public Accountants (CPAs), Enrolled Agents (EAs), and other tax professionals for federal tax planning matters related to retirement income, TSP distributions, FERS pension taxation, and related subjects. Any tax guidance, tax advice, tax return preparation, or IRS representation provided by any such referred tax professional is solely the responsibility of that professional and is subject to the terms of the engagement agreement between the user and that professional. FERS101.com does not supervise, direct, or guarantee the accuracy of any tax professional’s advice. Tax laws and regulations are subject to change, and users should ensure that any engaged tax professional is up to date on current federal and state tax law affecting federal employee benefits.
6(b) — Legal Professionals / Attorneys
FERS101.com may refer users to attorneys who specialize in federal employment law, FERS and CSRS disability retirement claims, Merit Systems Protection Board (MSPB) appeals, Equal Employment Opportunity (EEO) matters, federal sector labor-management relations, estate planning, and related areas of law. No attorney-client relationship is formed through any interaction with FERS101.com or through the referral process. An attorney-client relationship is only established through a formal written engagement agreement directly between the user and the attorney. Users should discuss fee arrangements, scope of representation, and expected outcomes directly with any referred attorney. FERS101.com does not guarantee the availability, competence, or outcome of any legal representation.
6(c) — Financial Advisors / Planners
FERS101.com may refer users to financial advisors and planners who specialize in federal employee benefits and retirement planning, including holders of the Certified Financial Planner (CFP) designation, Chartered Federal Employee Benefits Consultant (ChFEBC) designation, Certified Retirement Financial Adviser (CRFA) designation, and registered investment advisers. Users should independently verify the credentials, registration status, and disciplinary history of any referred financial professional through FINRA BrokerCheck (brokercheck.finra.org) and applicable state securities regulators. FERS101.com does not provide investment advisory services and assumes no responsibility for the advice or services of any referred financial professional.
6(d) — Insurance Professionals
FERS101.com may refer users to insurance agents or brokers who specialize in Federal Employees’ Group Life Insurance (FEGLI), supplemental life insurance, long-term care insurance, and other insurance products relevant to federal employees and retirees. All referred insurance professionals must be licensed in the user’s state of residence to sell insurance products in that state. FERS101.com does not guarantee that referred insurance professionals are licensed in all states. Users are responsible for verifying the licensure of any referred insurance professional through their state’s insurance department. Insurance recommendations are subject to individual suitability, and FERS101.com assumes no liability for insurance advice or product recommendations made by referred insurance professionals.
6(e) — Federal Benefits Specialists / Consultants
FERS101.com may refer users to federal benefits consultants or specialists who provide educational and informational guidance regarding FERS, CSRS, TSP, FEHB, FEGLI, and related programs. Important: Some federal benefits consultants and specialists may not hold securities licenses (e.g., FINRA Series 65 or 66), insurance producer licenses, or CPA credentials. Such consultants are generally authorized to provide education, benefit analysis, and retirement paperwork preparation assistance only, and are not authorized to provide securities investment advice, sell insurance products, or provide tax preparation services. Users should explicitly inquire about the credentials, licenses, and scope of services authorized for any federal benefits consultant before engaging their services.
6(f) — Technology and Platform Vendors
FERS101.com utilizes third-party technology vendors to support the operation, delivery, and security of the Platform. Categories of technology vendors engaged by FERS101.com may include: cloud hosting and infrastructure providers; payment processing and billing services; email marketing and communications delivery providers; customer relationship management (CRM) software vendors; website analytics and user behavior tracking services; cybersecurity and identity management services; and learning management system (LMS) providers. FERS101.com requires that all technology vendors with access to user data execute appropriate data processing agreements and maintain data protection standards consistent with applicable law. The identities of specific vendors may change from time to time, and a current vendor list may be available upon written request to admin@fers101.com.
6.1 General Third-Party Disclaimer. FERS101.com is not responsible for, and expressly disclaims all liability arising from, the acts, omissions, errors, negligence, misconduct, or advice of any third-party vendor, Referred Professional, technology provider, or other third party referenced on, accessible through, or engaged in connection with the Platform. Users engage all third parties at their own risk and are responsible for independently evaluating the suitability of any third party for their needs.
SECTION 7 — DATA COLLECTION, ENCRYPTION, STORAGE, AND USER PRIVACY
7.1 Data Collected. FERS101.com collects the following categories of information from users, depending on the features used:
● Identity and Contact Information: Name, email address, mailing address, phone number.
● Federal Employment Information: Federal agency or department, years of federal service, salary range or General Schedule (GS) grade level, retirement system (FERS or CSRS), estimated retirement date, and date of hire.
● Benefit Enrollment Data: FEHB enrollment tier, FEGLI coverage elections, TSP contribution rate and fund allocations (as entered by user for planning purposes).
● Account and Authentication Data: Username, hashed passwords, account preferences, and security settings.
● Transaction and Billing Data: Subscription status, purchase history, and billing information (processed through a third-party payment processor; full payment card details are not stored by FERS101.com).
● Usage and Analytics Data: Pages visited, features used, time on platform, tool interactions, device type, browser type, IP address, and referral source.
● Communications Data: Content of support requests, emails to FERS101.com, and survey responses.
7.2 Encryption and Data Security. FERS101.com employs industry-standard security measures to protect user data, including: (a) transmission of data using Transport Layer Security (TLS) version 1.2 or higher; (b) storage of personally identifiable information (PII) encrypted at rest using AES-256 encryption or equivalent; (c) hashing of user passwords using industry-standard cryptographic hashing algorithms; and (d) access controls, audit logging, and security monitoring consistent with commercially reasonable practices. No system is completely immune to security threats, and FERS101.com cannot guarantee absolute security of user data.
7.3 Data Retention. FERS101.com retains user account data for as long as the account is active and for a commercially reasonable period thereafter, as required by applicable law or legitimate business purposes. Upon written request for account deletion submitted to admin@fers101.com, FERS101.com will delete or anonymize user PII within thirty (30) business days, except to the extent retention is required by applicable law, regulation, or legal process, or necessary to resolve open disputes or enforce agreements. Anonymized or aggregated usage data may be retained indefinitely for analytics and platform improvement purposes.
7.4 No Sale of User Data. FERS101.com does not sell, rent, or otherwise transfer users’ personally identifiable information to third parties for their independent marketing purposes. User data is used solely to deliver Platform services, personalize educational content, administer accounts, process transactions, communicate with users, and improve the Platform.
7.5 Data Sharing with Service Providers. FERS101.com may share user data with third-party service providers who assist in operating the Platform (as described in Section 6(f)). All such service providers are required to execute data processing agreements that obligate them to: (a) use user data only to perform services for FERS101.com; (b) maintain data protection standards no less protective than those employed by FERS101.com; and (c) comply with applicable data protection law. FERS101.com does not authorize service providers to use user data for their own independent commercial purposes.
7.6 CCPA and U.S. Privacy Law Compliance. FERS101.com complies with applicable U.S. privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). California residents have the following rights with respect to their personal information: (a) the right to know what personal information is collected, used, disclosed, or sold; (b) the right to request deletion of personal information; (c) the right to correct inaccurate personal information; (d) the right to opt out of the sale or sharing of personal information (FERS101.com does not sell personal information); and (e) the right to non-discrimination for exercising privacy rights. To exercise any of these rights, California residents may contact admin@fers101.com. FERS101.com will respond to verifiable consumer requests within the timeframes required by applicable law.
7.7 Federal Employment Data — Limited Use. Federal employment information and benefit data entered by users into FERS101.com’s planning tools and calculators is used solely to generate personalized educational outputs for the user’s own use. FERS101.com does not transmit, share, or disclose user-entered federal employment or benefit data to the Office of Personnel Management (OPM), any federal agency or department, any employer, or any government entity. Such data is not used by FERS101.com for any purpose other than generating the educational output requested by the user.
7.8 Security Incident Notification. In the event of a data security incident that results in the unauthorized access, disclosure, or acquisition of users’ personally identifiable information, FERS101.com will notify affected users within a commercially reasonable time, and no later than as required by applicable state and federal data breach notification laws. Notification will be provided by email to the address associated with the user’s account, or by conspicuous Platform notice, and will include a description of the nature of the incident, the categories of data affected, and steps users may take to protect themselves.
7.9 Data Deletion Requests. Users may request deletion of their personal data by submitting a written request to admin@fers101.com. Requests will be acknowledged and processed in accordance with applicable law. Certain data may be retained as required by law, for fraud prevention, dispute resolution, or enforcement of this Agreement.
7.10 Full Privacy Policy. This Section 7 provides a summary of FERS101.com’s principal data practices. Users are encouraged to review the FERS101.com Privacy Policy, available at fers101.com/privacy, for a complete description of the Platform’s data collection, use, disclosure, retention, and user rights practices. In the event of any conflict between this Section 7 and the Privacy Policy, the Privacy Policy shall govern with respect to data privacy matters.
SECTION 8 — USER RESPONSIBILITIES
8.1 Eligibility. You must be at least eighteen (18) years of age to register for or use FERS101.com. By using the Platform, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to this Agreement.
8.2 Accuracy of Information. When using any planning tool, calculator, estimator, or other interactive feature on the Platform, you are solely responsible for the accuracy and completeness of the information you enter. FERS101.com is not responsible for inaccurate, misleading, or incomplete outputs that result from user-entered data that is incorrect, outdated, or incomplete. Outputs generated from inaccurate inputs are not valid for any purpose, and users should not rely on such outputs for any decision-making purpose.
8.3 Intellectual Property — No Reproduction or Redistribution. All content on the Platform, including but not limited to articles, videos, courses, calculators, reports, worksheets, templates, graphics, and software, is the intellectual property of FERS101.com or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You agree not to reproduce, copy, distribute, publish, transmit, display, sell, license, sublicense, or otherwise exploit any Platform content, in whole or in part, for any commercial or non-commercial purpose, without the prior written permission of FERS101.com. Unauthorized reproduction or redistribution of Platform content is a material breach of this Agreement and may give rise to civil and criminal liability.
8.4 No Solicitation of Other Users. You agree not to use the Platform or any Platform communication feature to solicit, market, or promote financial, legal, insurance, tax, or advisory services to other Platform users. Any unsolicited solicitation of other users through the Platform is a material violation of this Agreement and may result in immediate account termination.
8.5 Compliance with Applicable Law. You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Platform, including laws governing data privacy, securities, insurance, and professional licensing. You represent that your use of the Platform does not violate any applicable law or regulation.
8.6 Account Security. You are solely responsible for maintaining the confidentiality and security of your account login credentials, including your username and password. You agree to notify FERS101.com immediately at security@fers101.com if you suspect any unauthorized access to or use of your account. FERS101.com is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
8.7 Prohibited Activities. You agree not to engage in any of the following activities in connection with your use of the Platform:
● Reverse engineering, decompiling, disassembling, or attempting to access the source code or underlying architecture of the Platform or any Platform software;
● Scraping, crawling, or systematically extracting data from the Platform through automated means, without the express written consent of FERS101.com;
● Attempting to gain unauthorized access to any backend systems, databases, administrative interfaces, or proprietary data of FERS101.com;
● Introducing malware, viruses, Trojan horses, or other malicious code to the Platform;
● Interfering with or disrupting the integrity or performance of the Platform or its infrastructure;
● Using the Platform to engage in fraud, misrepresentation, or deceptive practices;
● Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
8.8 User Responsibility for Retirement Decisions. You acknowledge and agree that you are solely responsible for all retirement planning, financial, investment, insurance, tax, and legal decisions that you make, whether or not informed by your use of the Platform. FERS101.com is an educational tool only. No action or inaction taken in reliance on Platform content shall create any obligation or liability on the part of FERS101.com. You assume full responsibility for independently evaluating all information and for seeking appropriate professional guidance before making any consequential decision.
SECTION 9 — LIMITATION OF LIABILITY
| PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE LIABILITY OF FERS101.COM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU. IF YOU DO NOT AGREE TO THESE LIMITATIONS, DO NOT USE THE PLATFORM. |
9.1 Cap on Liability. To the maximum extent permitted by applicable law, the total aggregate liability of FERS101.com, its affiliates, officers, directors, employees, contractors, and agents to you for any and all claims, losses, damages, or causes of action arising out of or relating to this Agreement or your use of the Platform, regardless of the form of action or the theory of liability (whether in contract, tort, negligence, strict liability, or otherwise), shall not exceed the greater of: (a) the total amount paid by you to FERS101.com in the twelve (12) calendar months immediately preceding the event giving rise to the claim; or (b) One Hundred Dollars ($100.00 USD).
9.2 Exclusion of Consequential and Other Damages. To the maximum extent permitted by applicable law, in no event shall FERS101.com or its affiliates, officers, directors, employees, contractors, or agents be liable for any: (a) indirect damages; (b) incidental damages; (c) consequential damages; (d) special damages; (e) exemplary damages; (f) punitive damages; (g) loss of profits; (h) loss of revenue; (i) loss of business opportunities; (j) loss of anticipated savings; or (k) loss of goodwill, arising out of or related to your use of or inability to use the Platform, even if FERS101.com has been advised of the possibility of such damages.
9.3 Exclusion of Liability for Content Errors. FERS101.com expressly disclaims all liability for any errors, omissions, inaccuracies, or outdated information in any educational content, federal benefit information, calculator outputs, projections, or other materials provided on the Platform. Federal benefit rules, contribution limits, and related regulations are subject to change, and FERS101.com does not warrant the accuracy, completeness, or currency of any Platform content at any given time.
9.4 Exclusion of Liability for Third-Party Professionals. FERS101.com expressly disclaims all liability for any advice, services, acts, omissions, errors, negligence, misconduct, or representations of any Referred Professional or other third party referenced on or accessible through the Platform. Any dispute with a Referred Professional must be resolved directly between you and that professional.
9.5 Exclusion of Liability for Data Loss and Security Incidents. FERS101.com is not liable for any loss, corruption, or unauthorized access to your data arising from a security incident, provided that FERS101.com has maintained commercially reasonable security precautions as described in this Agreement. FERS101.com is not liable for data loss resulting from user error, device failure, or circumstances beyond FERS101.com’s reasonable control.
9.6 Disclaimer of Warranties. THE PLATFORM AND ALL CONTENT, TOOLS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. FERS101.COM DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.7 Indemnification. You agree to defend, indemnify, and hold harmless FERS101.com and its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Platform; (b) your violation of any provision of this Agreement; (c) your violation of any applicable law or regulation; (d) your infringement of any third-party rights, including intellectual property rights; or (e) any misrepresentation made by you in connection with your use of the Platform.
9.8 Jurisdictional Exceptions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages. In such jurisdictions, the limitations and exclusions set forth in this Section 9 shall apply to the maximum extent permitted by applicable law. To the extent that applicable law prohibits any limitation or exclusion described herein, such limitation or exclusion shall be modified to the minimum extent necessary to comply with applicable law, and the remaining provisions of this Section 9 shall remain in full force and effect.
SECTION 10 — GOVERNING LAW, ARBITRATION, AND DISPUTE RESOLUTION
| THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. BY AGREEING TO THIS SECTION, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. |
10.1 Governing Law. This Agreement, and any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, or your use thereof, shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any choice-of-law or conflict-of-law rules that would cause the application of the laws of any other jurisdiction.
10.2 Pre-Arbitration Notice and Cure Period. Before initiating any arbitration or legal proceeding, the party asserting a claim must provide the other party with thirty (30) days’ advance written notice of the nature of the dispute and the relief sought (a “Notice of Dispute”). FERS101.com’s Notice of Dispute address is: Legal Department, FERS101.com, 300 SE Reed Market Road, Suite 103 Bend, OR 97702, Attn: Legal/Compliance; or by email to admin@fers101.com. During this 30-day period, the parties shall make a good-faith effort to resolve the dispute informally. If the dispute is not resolved within 30 days of the Notice of Dispute, either party may proceed to arbitration as set forth below.
10.3 Binding Arbitration. Except as provided in Sections 10.6 and 10.7 below, any dispute, claim, or controversy arising out of or relating to this Agreement or the Platform that is not resolved through the informal dispute resolution process in Section 10.2 shall be resolved by final, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as then in effect (available at adr.org). The arbitration shall be conducted on an individual basis and not as a class, collective, or representative action. The seat of arbitration shall be Bend, Oregon, and the arbitration may be conducted in person, by telephone, or by video conference at the discretion of the arbitrator. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
10.4 Class Action Waiver. YOU AND FERS101.COM EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive your right to participate as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding with respect to any claim against FERS101.com. If for any reason a claim proceeds in court rather than in arbitration, you and FERS101.com each waive any right to a jury trial and agree that such claim shall be resolved in an individual action only, not as a class or representative action. If a court finds this class action waiver unenforceable as to a particular claim, that claim shall be severed from arbitration and may be pursued in court as an individual action, while remaining claims shall proceed in arbitration.
10.5 Jury Trial Waiver. YOU AND FERS101.COM EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM. This waiver applies to all claims and disputes, whether based in contract, tort, statute, or any other theory of law.
10.6 Exceptions to Arbitration. Notwithstanding Section 10.3, the following claims are not subject to arbitration and may be brought in a court of competent jurisdiction: (a) claims for injunctive or declaratory relief to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights; (b) claims arising from FERS101.com’s violation of any applicable consumer protection law where arbitration is prohibited by law; and (c) any claims that applicable law expressly excludes from mandatory pre-dispute arbitration agreements. Nothing in this Section shall limit FERS101.com’s right to seek emergency injunctive or equitable relief from a court to protect its intellectual property or other proprietary rights.
10.7 Arbitration Costs and Fees. The allocation of arbitration filing fees, administrative fees, and arbitrator’s compensation shall be governed by the AAA Consumer Arbitration Rules. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FERS101.com will consider paying as much of the arbitration filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
10.8 Statute of Limitations. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. CLAIMS NOT FILED WITHIN THIS PERIOD ARE PERMANENTLY BARRED, REGARDLESS OF ANY LONGER STATUTE OF LIMITATIONS THAT MAY OTHERWISE APPLY UNDER LAW. This one-year limitation applies to all claims, whether based in contract, tort, statute, or any other legal theory, except where prohibited by applicable law.
10.9 Severability. If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of this Agreement shall continue in full force and effect. The invalidity of any one provision shall not affect the validity of any other provision.
10.10 Entire Agreement. This Agreement, together with the FERS101.com Privacy Policy and any supplemental terms applicable to specific features or services, constitutes the entire agreement between you and FERS101.com with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, understandings, and negotiations, whether written or oral, between you and FERS101.com relating to your use of the Platform. No amendment or modification of this Agreement shall be effective unless made in writing and either posted on the Platform with appropriate notice to users or otherwise communicated to you in accordance with the terms of this Agreement.
10.11 Waiver. The failure of FERS101.com to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. Any waiver of any provision of this Agreement will be effective only if it is in writing and signed by an authorized representative of FERS101.com.