Welcome to Backer! Backer is a tradename of Principly, Inc. (“Backer,” “we” or “our”). These terms and conditions of use (“Site Terms”) apply to your access to, and use of, the Web sites and mobile applications operated by Backer (the “Sites”). By accessing or using our Web site or mobile applications, you agree to be bound by the Site Terms. Please review these terms carefully. If you do not agree to all of these terms, do not use our Web site or mobile applications.
1. Acceptance of Terms; Terms Subject to Change
When you access the Sites, you agree to be bound by these Site Terms, which may be updated without notice. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Backer, or its subsidiaries or affiliates, for products, services, or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to be responsible to Backer for any violations of these Site Terms.
Backer reserves the right to change or modify any of these Site Terms or any policy or guideline of the Sites, at any time and in its sole discretion. If Backer makes changes to these Site Terms, we will post the amended terms and update the “Last Updated” date above. Your continued use of our Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies whenever you access the Sites and at least every thirty (30) days to make sure that you understand the terms and conditions that will apply to you and your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
2. Privacy Notice
Please refer to our
for information on how Backer collects, uses, and discloses information from its users.
3. Copyright and Limited License
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, the Backer logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Backer or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose.
Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Backer, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Backer has adopted a policy of terminating, in appropriate circumstances and at Backer’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Backer may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Copyright Complaints
If you believe that anything on the Sites infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent, who can be contacted via email at
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by Backer or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“Backer,” “Backer Bucks,”, "Backer Gifts", “Save for College Better, Together,” “Save More for College,” the Backer logo, and any other product or service name or slogan contained in the Sites are trademarks of Backer and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Backer or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Backer” or any other name, trademark, or product or service name of Backer without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Backer and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Backer.
You are granted a limited, non-exclusive right to create a text
hyperlink to the Sites for noncommercial purposes, provided such link
does not portray Backer or any of its products and services in a
false, misleading, derogatory or otherwise defamatory manner and
provided further that the linking site does not contain any adult or
illegal material or any material that is offensive, harassing or
otherwise objectionable. This limited right may be revoked at any time.
You may not use a Backer logo or other proprietary graphic of
Backer to link to this Sites without the express written
permission of Backer. Further, you may not use, frame or utilize
framing techniques to enclose any Backer trademark, logo or other
proprietary information, including the images found at the Sites, the
content of any text or the layout/design of any page or form contained
on a page on the Sites without Backer’s express written consent.
Except as noted above, you are not conveyed any right or license by
implication, estoppel or otherwise in or under any patent, trademark,
copyright or proprietary right of Backer or any third party.
Backer makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability of
third-party Web sites accessible by hyperlink from the Sites, or Web
sites linking to the Sites. Such sites are not under the control of
Backer and Backer is not responsible for the contents of
any linked site or any link contained in a linked site, or any review,
changes or updates to such sites. Backer provides these links to
you only as a convenience, and the inclusion of any link does not imply
affiliation, endorsement or adoption by Backer of any site or any
information contained therein. When you leave the Sites, you should be
aware that our terms and policies no longer govern. You should review
the applicable terms and policies, including privacy and data gathering
practices, of any site to which you navigate from the Sites.
8. Third Party Content; No Endorsement of Backer by Third Parties
Backer may provide third party content on the Sites and may
provide links to Web pages and content of third parties (collectively,
“Third Party Content”) as a service to those interested in this
information. Backer does not control, endorse or adopt any Third
Party Content and makes no representation or warranties of any kind
regarding the Third Party Content, including without limitation
regarding its accuracy or completeness. You acknowledge and agree that
Backer is not responsible or liable in any manner for any Third
Party Content and undertakes no responsibility to update or review any
Third Party Content. Users use such Third Party Content contained
therein at their own risk. Third parties who are identified on the Sites
do not sponsor, endorse or promote Backer or Backer’s
business. Third parties and their documentation, whether available by
link via the Sites or otherwise, may contain intellectual property of
such third parties which is protected by applicable law.
9. Third Party Products and Services
Backer may provide or allow users to provide information about or
links to third-party products or services on the Sites. Your business
dealings or correspondence with, or participation in promotions of, such
third parties, and any terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between you and
such third party. Backer is not responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings
or promotions or as the result of the presence of such non-Backer
advertisers or third party information on the Sites.
10. Third Party Account Linking
Backer is not responsible for the Account Information and does not review the Account Information for accuracy, legality, or non-infringement. You agree that Backer is entitled to rely on the foregoing authorization and direction granted by you. You represent and warrant you are a legal owner of, or you are authorized to provide Backer with, all Account Information, and have the right to grant the permissions set forth herein, and Backer’s Third Party Service provider’s exercise of its rights set forth herein will not violate any application laws or third party rights.
Backer cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data or other service interruptions. Backer cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data or communications. For example, when displayed on the Sites, Account Information is only as fresh as the time shown, which reflected when the information is obtained from such third party sites. Such information may be more up-to-date when obtained directly from the relevant third party sites.
11. Publicly Available Sites for Educational Use Only
Backer provides its investment advisory services only to individuals who become Backer clients pursuant to a written investment advisory agreement. The publicly available portions of the Sites (i.e., the sections of the Sites that are available to individuals who are not party to an Investment Advisory Agreement) are provided for educational purposes only and are not intended to provide legal, tax, or financial planning advice. In using the publicly available portions of the Sites, you agree that you are responsible for your own investment research and decisions and Backer will not be liable for any actions you take based on information you receive via the publicly available portions of the Sites.
12. Investment Performance and Risk of Loss
Backer makes no representation regarding the likelihood or probability that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner. No representation is being made that any investment will or is likely to achieve profits or losses. Investing in securities involves risk, and any investments made through Backer may lose value. Investing in 529 plans in particular involves certain tax considerations and related risks.
The return, composite, and performance information shown on the Sites concerning a particular investment option uses or includes information compiled from third-party sources, including independent market quotations and index information. Backer believes the third-party information comes from reliable sources, but does not guarantee its accuracy. Any historical return information on the Sites concerning a particular investment option does not represent the actual performance of any specific investor’s account and may not reflect all factors that could impact such performance for an individual investor. Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period.
13. Access to and Use of the Sites
The Sites are intended solely for individuals who are age 18 or older. Any access to or use of the Sites by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By accessing or using the Platform, you represent and warrant that you are 18 or older.
The Sites and the investment advisory services referred to on the Sites are only intended to be made available to U.S. residents. The Sites are not to be a solicitation for or offering of any service or product to any person in any jurisdiction where such solicitation or offering would be illegal. Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access the Sites, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States or cross-border transmission of data including under applicable data privacy laws.
Access to and use of password-protected and/or secure areas of the Sites is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Sites may be subject to legal action.
You agree that you will comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export controls laws, tax laws, and regulatory requirements. You further agree that you will use the Sites solely for your personal, non-commercial use and will not attempt to interfere with the functioning of the Sites in any way.
Backer reserves the right, in its sole discretion, to deny you access to the Sites, or any portion of the Sites, without notice and without reason.
You acknowledge and agree that any questions, comments, suggestions, feedback, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Sites, Backer or Backer’s general products or services (but excluding any client information) (the “Feedback”) that are provided by you in the form of email or other submissions to Backer, or any postings on the Sites, are (as between you and Backer) non-confidential and shall become the sole property of Backer. Backer shall own, and you hereby assign to Backer, all exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15. User Content and Interactive Services or Areas
The Sites may include interactive areas or services (“Interactive Areas”), such as forums, chat rooms or message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Sites (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
User Content that is unlawful, libelous, defamatory, obscene,
indecent, lewd, suggestive, harassing, threatening, invasive of
privacy or publicity rights, abusive, inflammatory, fraudulent or
User Content that would constitute, encourage or provide instructions
for a criminal offense, violate the rights of any party, or that would
otherwise create liability or violate any local, state, national or
international law, including, without limitation, the regulations of
the U.S. Securities and Exchange Commission or any rules of a
securities exchange such as the New York Stock Exchange, the American
Stock Exchange or the NASDAQ;
User Content that may infringe any patent, trademark, trade secret,
copyright or other intellectual or proprietary right of any party. By
posting any User Content, you represent and warrant that you have the
lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise
misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or
Private information of any third party, including, without limitation,
addresses, phone numbers, email addresses, Social Security numbers and
credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive
User Content that, in the sole judgment of Backer, is
objectionable or which restricts or inhibits any other person from
using or enjoying the Interactive Areas or the Sites, or which may
expose Backer or its users to any harm or liability of any
You further agree that you are solely responsible for your conduct while
on the Sites, and you agree that you will not do any of the following in
connection with the Site or its users:
Use the Site or the Service in any manner that could interfere with,
disrupt, negatively affect or inhibit other users from fully enjoying
the Site or that could damage, disable, overburden or impair the
functioning of the Site in any manner;
Impersonate or post on behalf or any person or entity or otherwise
misrepresent your affiliation with a person or entity;
Cheat or utilize unauthorized exploits in connection with the Service;
Stalk, intimidate, threaten, or otherwise harass or cause discomfort
to other users;
- Send any unsolicited commercial messages;
Use the Site or the Service for any illegal or unauthorized purpose or
engage in, encourage, or promote any illegal activity, or any activity
Circumvent or attempt to circumvent any filtering, security measures
or other features Backer may from time to time adopt to protect
the Sites, its users or third parties.
Backer takes no responsibility and assumes no liability for any
User Content posted, stored or uploaded by you or any third party, or
for any loss or damage thereto, nor is Backer liable for any
mistakes, defamation, slander, libel, omissions, falsehoods, obscenity,
or profanity you may encounter. Your use of Interactive Areas is at your
own risk. Enforcement of the user content or conduct rules set forth in
these Site Terms is solely at Backer’s discretion, and failure to
enforce such rules in some instances does not constitute a waiver of our
right to enforce such rules in other instances. In addition, these rules
do not create any private right of action on the part of any third party
or any reasonable expectation that the Sites will not contain any
content that is prohibited by such rules. As a provider of interactive
services, Backer is not liable for any statements,
representations or User Content provided by its users in any public
forum, personal home page or other Interactive Area. Although
Backer has no obligation to screen, edit or monitor any of the
Content posted in any Interactive Area, Backer reserves the
right, and has absolute discretion, to remove, screen or edit any User
Content posted or stored on the Sites at any time and for any reason
without notice, and you are solely responsible for creating backup
copies of and replacing any User Content you post or store on the Sites
at your sole cost and expense. Any use of the Interactive Areas or other
portions of the Sites in violation of the foregoing violates these Site
Terms and may result in, among other things, termination or suspension
of your rights to use the Interactive Areas and/or the Sites.
If you post User Content to the Sites, unless we indicate otherwise, you
grant Backer and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such User Content throughout the world
in any media on or in connection with the Sites and the promotion
thereof. You grant Backer and its affiliates and sublicensees the
right to use the name that you submit in connection with such content,
if we choose. You understand and agree that the use of your or other
user's name, likeness, voice or identity in connection with various
features on the Sites does not imply any endorsement of such feature or
of the Sites of Backer unless explicitly stated otherwise. You
represent and warrant that (a) you own and control all of the rights to
the User Content that you post or you otherwise have the right to post
such User Content to the Sites; (b) the User Content is accurate and not
misleading; and (c) use and posting of the User Content you supply does
not violate these Site Terms and will not violate any rights of or cause
injury to any person or entity.
16. Registration Data; Account Security
In consideration of your use of the Sites, you agree to (a) provide
accurate, current and complete information about you as may be prompted
by any registration forms on the Site (“Registration Data”); (b)
maintain the security of your password and identification; (c) maintain
and promptly update the Registration Data, and any other information you
provide to Backer, to keep it accurate, current and complete; and
(d) accept all risks of unauthorized access to the Registration Data and
any other information you provide to Backer. You are responsible
for maintaining the confidentiality of any account information, user
names, logins, passwords, and security questions and answers that you
use to access any page or feature on the Sites, and for logging off of
your account and any protected areas of the Sites. Further, you are
fully responsible for all activities occurring under your accounts, user
names, logins, passwords, and security questions and answers that result
from your negligence, carelessness, misconduct, or failure to use or
maintain appropriate security measures. If you become aware of any
suspicious or unauthorized conduct concerning your accounts, user names,
logins, passwords, or security questions and answers, you agree to
contact Backer immediately. Backer will not be liable for
any loss or damage arising from your failure to comply with this
You agree to defend, indemnify and hold harmless Backer, its
independent contractors, service providers and consultants, and their
respective directors, officers, employees, agents, and shareholders,
from and against any claims, damages, costs, liabilities and expenses
(including, but not limited to, reasonable attorneys’ fees) arising out
of or related to any User Content you post, store or otherwise transmit
on or through the Sites or your use of the Interactive Areas, including
without limitation any actual or threatened suit, demand or claim made
against Backer and/or its independent contractors, service
providers, employees, directors or consultants, arising out of or
relating to the User Content, your conduct, your violation of these Site
Terms or your violation of the rights of any third party.
Except as expressly provided to the contrary in a writing by
Backer, the sites, the site materials contained therein and the
services provided on or in connection therewith (the “services”) are
provided on an “as is” basis without warranties of any kind, either
express or implied. Backer disclaims all other warranties,
express or implied, including, without limitation, implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement as to the sites and the services, including the
information, content and materials contained therein. Backer does
not represent or warrant that materials in the sites or the services are
accurate, complete, reliable, current or error-free. Backer does
not represent or warrant that the sites or its servers are free of
viruses or other harmful components.
Backer is not responsible for typographical errors or omissions
relating to pricing, text or photography. While Backer attempts
to make your access and use of the sites and the services safe,
Backer cannot and does not represent or warrant that the sites or
its server(s) are free of viruses or other harmful components;
therefore, you should use industry-recognized software to detect and
disinfect viruses from any download.
Backer is a registered investment adviser. Registration does not
imply a certain level of skill or training.
19. Limitation of Liability
In no event shall Backer or its directors, officers, employees,
agents or shareholders, or any of their affiliates, be liable for any
direct, special, indirect or consequential damages, or any other damages
of any kind, including but not limited to loss of use, loss of profits
or loss of data, whether in an action in contract, tort (including but
not limited to negligence) or otherwise, arising out of or in any way
connected with the use of or inability to use the sites, the services,
the content or the materials contained in or accessed through the sites,
including without limitation any damages caused by or resulting from
reliance by user on any information obtained from Backer, or that
result from mistakes, omissions, interruptions, deletion of files or
email, errors, defects, viruses, delays in operation or transmission or
any failure of performance, whether or not resulting from acts of god,
communications failure, theft, destruction or unauthorized access to
Backer’s records, programs or services. In no event shall the
aggregate liability of Backer, whether in contract, warranty,
tort (including negligence, whether active, passive or imputed), product
liability, strict liability or other theory, arising out of or relating
to the use of or inability to use the sites or the services or to these
site terms exceed any compensation you pay, if any, to Backer for
access to or use of the sites.
20. Modifications to the Sites
Backer reserves the right to change any and all content contained
in the Sites and to modify, suspend or discontinue the Sites or any
Services offered through the Sites or any features or functionality of
the Sites or the Services at any time without notice and without
obligation or liability to you.
21. Applicable Law and Venue
These Site Terms and your use of the Sites shall be governed by and
construed in accordance with the laws of the State of Delaware,
applicable to agreements made and to be entirely performed within the
State of Delaware, without resort to its conflict of law provisions. You
agree that any action at law or in equity arising out of or relating to
these Site Terms shall be filed only in the state and federal courts
located in the County of San Francisco in California and you hereby
irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or proceeding arising
out of these Site Terms.
Notwithstanding any of these Site Terms, Backer reserves the
right, without notice and in its sole discretion, to terminate your
license to use the Sites, and to block or prevent future your access to
and use of the Sites.
If any provision of these Site Terms shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed
severable from these Site Terms and shall not affect the validity and
enforceability of any remaining provisions.
24. Questions & Contact Information
Questions or comments regarding use of the Sites may be directed to