"The Proposal explicitly rules out the possibility of utilizing disclaimers as an end-run around fiduciary status under ERISA. In particular, it notes how written statements disclaiming status as a fiduciary under ERISA or the Internal Revenue Code, or disclaiming the conditions [described in this article] will not control to the extent they are inconsistent with the advice provider's oral communications, marketing materials, applicable state or federal law, or other interactions with the retirement investor."