PersonalFA - Terms and Conditions
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PersonalFA LLC
PersonalFA's web site usage agreement.
Please read these terms carefully before using this site.
This web site, the PersonalFA Site (the "Site"), is provided by PersonalFA LLC ("PersonalFA", "we", "our", or "us").
Subscribers of PersonalFA may use the Site only for the following purposes:
- Self education on personal financial issues
- Guidance in developing a personal financial plan, and understanding one's personal financial goals and objectives.
- Obtaining online customer service assistance regarding your PersonalFA account.
Any users, whether it be an individual or financial advisor, that purchases an annual subscription to PersonalFA has the
ability to control the majority of the assumptions utilized in the financial calculators within the Site. While a user's
assumptions and goals enable an individual to more specifically tailor and manage your individual financial situation,
it is important
that you understand that the assumptions used in the PersonalFA calculators will decipher the results of the tools and
calculators run on the Site. Therefore, any results could be materially misleading and have not been endorsed, validated,
or examined by
PersonalFA LLC and should not be relied on. Anyone not completely confident in their understanding or ability to use and
interpret the results of the financial calculators on PersonalFA should seek the advice of a professional who thoroughly
understands the implications of the analysis and the assumptions used.
If the recommendations that you received were prepared by your financial advisor who is a Subscriber of PersonalFA,
it is your advisor's obligation
to completely disclose all material assumptions used, the basis for such assumptions, and also to clearly indicate that
PersonalFA LLC has not endorsed, tested or validated any of their assumptions and could potentially make different recommendations.
PersonalFA does not endorse or evaluate any advisor, and investors should understand that financial advisors must be
registered in certain states and/or registered with various regulatory agencies (and/or Self Regulatory Organizations) or
may be exempt from registration (as may be applicable) and must provide certain disclosures to their clients and prospective
clients based on applicable regulations. PersonalFA assumes no responsibility whatsoever for the activities of any advisor
or individual that is a subscriber of PersonalFA. PersonalFA's sole objective to subscribers is to provide a set of
financial tools and calculators
where users can input their own assumptions, which may be completely different than any assumptions PersonalFA may recommend,
to enable users to become more informed and educated in regards to their personal financial matters.
PersonalFA subscribers should understand that while PersonalFA intends to use its best objective judgment in the interest
of its users, recommendations made by the tools and calculators on PersonalFA are no guarantee of actual results,
future results are uncertain.
PAST PERFORMANCE IS NOT AN INDICATION OF FUTURE RESULTS.
Hypothetical projections and rates of return utilized throughout the Site are not guaranteed. An individual should understand
any market risks associated with investing in any financial markets.
Subscription and Payments: By subscribing to PersonalFA, you are accepting a 12 month subscription to the Site. Your annual fee, as determined at the
time of registration, can be paid by a one time upfront annual fee, or in 12 monthly installments equal to 1/12 of the
subscriber's annual fee. Once payment has been
received, you are entitled to 12 months of access to PersonalFA. Subscription cancellations will be administered once a user
has completed their 12 month subscription, or has paid the full balance of their annual fee. By registering and accepting a
12 month subscription to PersonalFA, you agree to pay the annual balance in full either through a one time upfront annual
fee, or in 12 monthly installments equal to 1/12 of the subscriber's annual fee. By registering and accepting a 12 month
subscription to PersonalFA, you are authorizing PersonalFA to automatically draft or charge the subscriber's account either
through a monthly installment or a one time annual fee. Monthly installments will be drafted or charged to your account on
the same calendar day that the user registered (or the last day of the calendar month, whichever comes first). Once a
subscriber's 12 month subscription has lapsed, PersonalFA will
continue to draft an equivalent monthly amount equal to 1/12 of the subscriber's annual fee on the same calendar day that the
user registered (or the last day of the calendar month, whichever comes first) until PersonalFA is notified to
cancel the user's subscription. Subscription cancellations will delete all user's stored profiles from PersonalFA's
databases.
By accessing PersonalFA or downloading materials from the Site, you agree to abide by the terms and conditions set forth in
this notice, as well as all other policies described in the Site. If you do not agree to abide by these terms and conditions
or any future terms and conditions, please do not use the Site or download materials from the Site.
These terms apply exclusively to your access to and use of PersonalFA and do not alter the terms or conditions of any other
agreement you may have with PersonalFA LLC.
Restrictions on Use: In order to use PersonalFA, you must be:
- A resident of the United States.
- 18 Years of Age or Older.
- In addition, use of PersonalFA is restricted to personal, family, household, or for use with a personal financial advisor.
- In addition, PersonalFA may not be used for commercial purposes or for governmental purposes without prior written consent
from the owners of PersonalFA LLC.
If you do not satisfy the above restrictions on use, please do not use PersonalFA or download materials from the Site.
Limited License: Subject to the terms and conditions set forth in this Agreement, PersonalFA grants you a non-exclusive,
non-transferable, limited right to access, use and display the Site and the materials there on.
PersonalFA authorizes you to view and download the information ("Materials") at the Site only for your personal,
non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials
and is subject to the following restrictions:
- You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in
the Materials.
- You may not modify the Materials in any way or reproduce or publicly display, perform, distribute or
otherwise use them for any public or commercial purpose.
- You may not transfer the Materials to any other person.
You agree to abide by all additional restrictions displayed on PersonalFA as it may be updated from time to time.
Except as expressly provided herein, PersonalFA does not grant any express or
implied right to you under any patents, trademarks, copyrights or trade secret information.
User Conduct: In using the Site, you agree:
- NOT to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources,
accounts, servers or networks connected to or accessible through the Site or affiliated or linked web sites.
- NOT to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Sites.
- NOT to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive
or destructive files.
- NOT to use or attempt to use or access another person's account or personal information, or create or use a false
identity on the Site.
- NOT to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your
account, and that you will comply with all applicable local, state and federal laws and regulations, which relate to your
use of or activities on the Site.
DISCLAIMER:
THE MATERIALS MAY CONTAIN UNINTENTIONAL INACCURACIES AND TYPOGRAPHICAL ERRORS. PERSONALFA DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR
DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR
INFORMATION SHALL BE AT YOUR SOLE RISK. PERSONALFA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR
OMISSIONS IN ANY PORTION OF THE SITE. PERSONALFA MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS,
PROGRAMS OR SERVICES IN THE SITE AT ANY TIME WITHOUT NOTICE.
PERSONALFA DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. PERSONALFA ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES
THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NONDELIVERIES OF CONTENT OR ANY
COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION,
OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF PERSONALFA, ITS AFFILIATES, ITS LICENSORS, OR YOUR OWN ERRORS AND/OR
OMISSIONS. THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED
"AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Third-Party Sites:
As a convenience to you, PersonalFA may provide, on the Site, links to web sites operated by third parties. PersonalFA hereby
disclaims liability for any information, materials, products or services posted or offered at any of the third party web
sites linked to this site. If you use these sites, you will leave the Site. If you decide to visit any linked site, you do
so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other
destructive elements. PersonalFA makes no warranty or representation regarding, and does not endorse, any linked web sites
or the information appearing thereon or any of the products or services described thereon. Links do not imply that PersonalFA
or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name,
logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any
trademark, trade name, logo or copyright symbol of PersonalFA or any of its affiliates or subsidiaries.
Information Provided by you:
PersonalFA does not want you to, and you should not, send any confidential or proprietary information to PersonalFA via
the Site, except for certain information requested in the registration for PersonalFA or in connection with customer service.
In addition, you agree that, except as provided in the PersonalFA's Privacy Policy, any information or materials that you
or individuals acting on your behalf provide to PersonalFA shall be deemed and remain the property of PersonalFA and
PersonalFA shall be free to use, reproduce, transmit, or display, for any purpose, any idea, concepts, except as limited
by the PersonalFA Privacy Policy. You further recognize that PersonalFA does not want you to, and you warrant that you shall
not, provide any information or materials to PersonalFA that are defamatory, threatening, obscene, harassing, or otherwise
unlawful, or that incorporates the proprietary material of another.
LIMITATION OF DAMAGES:
IN NO EVENT SHALL PERSONALFA OR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES BE LIABLE
TO ANY INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST
PORTFOLIO MARKET VALUE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM THAT ARE
RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE,
EVEN IF PERSONALFA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes: PersonalFA reserves the right, at its sole discretion, to change, modify, add or remove any portion of
this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such changes
is posted on the Site. Your continued use of the Site after any changes to this Agreement are posted will be considered
acceptance of those changes. PersonalFA may terminate, change, suspend or discontinue any aspect of the Site, including
the availability of any features of the Site, at any time. PersonalFA may remove, modify or otherwise change any content,
including that of third parties, on or from the Site. PersonalFA also may impose limits on certain features and services
or restrict your access to part or all of the Site without notice or liability. PersonalFA may terminate the authorization,
rights and license given above and, upon such termination, you shall immediately destroy all Materials. PersonalFA may
terminate your use of the Site at any time in its sole discretion.
International Use and Choice of Law: The Site is controlled, operated and administered by PersonalFA from its offices
within the United States of America. Access to the Site from territories where its contents are illegal is prohibited.
PersonalFA's Web Site Usage Agreement shall be governed by the laws of the State of Alabama and the federal laws of the
United States of America, without giving effect to their conflict of laws provisions. For all disputes arising from or
related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located
in Alabama. This Agreement constitutes the entire agreement between PersonalFA and you with respect to the terms of usage
for the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year
after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this
Agreement or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent
permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force
and effect.
PersonalFA's Privacy Policy: PersonalFA's Privacy Policy describes the types of information that PersonalFA collects
when you visit the Site and how PersonalFA uses that information. You can access the PersonalFA Privacy Policy from the Site
at any time.
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