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Disclaimer/Terms of Use/Members Agreement
Disclaimer
The material provided by
401k-PLUS is for general informational purposes only. This
Information is not intended as investment advice, as an offer or
solicitation of an offer to sell or buy, or as an endorsement,
recommendation or sponsorship of any company, security, or fund.
The opinions and analyses included in the Information are based
on sources believed to be reliable and made in good faith, but
no representation or warranty, expressed or implied is made as
to their accuracy, completeness or correctness. We cannot and do
not assess or guarantee the suitability or profitability of any
particular investment, or the potential value of any investment
or informational source. You bear responsibility for your own
investment research and decisions, and should seek the advice of
a qualified securities professional before making any
investment. You may lose part or all of your investment.
Further, performance in the past is no guarantee of that in the
future, and member understands that some results on Web site or
Electronic Communications are the results of back-testing, and
as such are merely hypothetical.
Terms of Use
By accessing and using the
401k-PLUS service, the Information on this Web site (the
"Site") or Electronic Communications, you are agreeing to be
bound by these terms of use, conditions and disclaimer ("Terms
of Use") and all applicable laws and regulations.
If you do not agree with any
part of these Terms of Use, you must immediately discontinue any
use of the Site. These Terms of Use may change
from time to time without notice and it is your responsibility
to check for updates. By using this Site you are agreeing to be
bound by the, then current version of these Terms of Use. Any
reference to
401k-PLUS
in this document shall mean Guardian Planners, an investment
advisor registered in the state of California. For a current
copy of the ADV Part II,
click here.
Payment/Automatic Renewal
You agree to be charged at the time of subscription. Your
subscription will be renewed automatically via PayPal at the
beginning of each subscription period until you cancel the
service. You may cancel at any time by following the procedure
described in our
Refund/Cancellation Policy below.
Refund/Cancellation Policy
If
you are not satisfied for any reason, you can cancel at any time
by sending a cancellation request to
info@401k-plus.com (please specify your password in the
message). Upon notification of cancellation,
401k-PLUS
will immediately stop charging your credit card and no
additional charges will occur. Your subscription will remain
active until the end of the period already paid for.
IT IS
YOUR RESPONSIBILITY TO INITIATE THE REFUND/CANCELLATION REQUEST
AND TO FOLLOW-UP IF IT IS NOT ACKNOWLEDGED.
Content/Reserved Rights
401k-PLUS
owns the intellectual property rights in all of the content,
information and services on this Site and in Electronic
Communications transmitted to members from time to time,
including all text, HTML code, multimedia clips, images,
graphics, icons, Java code and the selection and arrangement of
the contents (collectively the "Information").
Restriction on Use/Limited License - Individual Members
401k-PLUS
grants you a limited non-exclusive, non-transferable license to
use, display on your computer, download and print short extracts
of the Information for your own personal and non-commercial
purposes only, provided that:
-
You do not modify any of the Information.
-
You can not download any of the Information for
use in third party programs.
-
All copyright and other proprietary notices are
retained.
-
You abide by these Terms of Use.
-
You do not make the information available to
third parties.
No other use
of the Information is permitted. Without limiting the generality
of the foregoing, you may not:
-
Copy, distribute, transmit, display, perform,
reproduce, publish, license, sublicense, create derivative
works from, transfer or sell any of the Information.
-
Use any of the Information for any commercial
purpose, or for any public display (commercial or
non-commercial).
-
Include any of the Information or reference
thereto in or with any information, product or service that
you create, distribute or provide.
-
Copy or transfer any of the Information onto your
own Web site or any other Web site or server.
401k-PLUS
retains the right to terminate at any time, and without cause,
subscription or access to our services.
No
Financial Advice
The Information is provided for information purposes only. The
Information is not intended to be and does not constitute
financial advice or any other advice. The Information is general
in nature and is not specific to you. You should not make any
decision, financial or otherwise, based on any of the
Information without undertaking your own due diligence. You
agree that any and all use of the Information, which you make,
is solely at your own risk and without recourse to
401k-PLUS or the content Providers.
No
Warranties
401k-PLUS
does not guarantee or warrant the quality, accuracy,
completeness, timeliness, appropriateness or suitability of the
Information or of any product or services referenced on the
Site.
401k-PLUS
assumes no obligation to update the Information or advise on
further developments concerning topics mentioned. The Site and
the Information may be changed from time to time without notice.
The Site may be temporarily unavailable from time to time due to
required maintenance, telecommunications interruptions, or other
disruptions.
401k-PLUS IS PROVIDING THIS SITE AND THE INFORMATION ON AN "AS IS" BASIS AND MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH
RESPECT TO THE SITE OR THE INFORMATION OR WITH RESPECT TO THE
USE OR SUITABILITY OF THE SITE OR THE INFORMATION FOR ANY
PURPOSE. THE INFORMATION MAY CONTAIN INACCURACIES, TYPOGRAPHICAL
ERRORS OR OTHER ERRORS.
401k-PLUS
disclaims all warranties, representations and conditions
regarding the Site and the Information, including, without
limiting the generality of the foregoing, all implied warranties
and conditions of merchantability, fitness for a particular
purpose, title, non-infringement, freedom from libelous or
privacy-invasive content, freedom from infections of viruses and
availability, whether expressed or implied, or arising from a
course of dealing, usage or trade practice.
Disclaimer of Liability
401k-PLUS,
its employees, directors, agents, the content Providers and any
other parties involved in the creation, production or delivery
or marketing of the Site or the Information disclaim any
responsibility and shall not, in any event, be liable for any
damages, claims, liabilities, costs or obligations including any
indirect, punitive, special, incidental or consequential
damages, including without limitation, loss of use, loss of
data, loss of business profits, loss of opportunity, business
interruption, personal injury or any other pecuniary loss
(collectively the "Damages") whatsoever and howsoever caused,
arising out of or in connection with the use or misuse of the
Site or the Information or with the delay or inability to use
the Site or the Information, whether such Damages arise in
contract, tort, strict liability, negligence, equity or statute
law or by way of any other legal theory, even if
401k-PLUS
has been advised of the possibility of damages.
401k-PLUS liability shall be strictly limited to those monies paid-to-date by
member.
401k-PLUS
disclaims any liability for unauthorized use or reproduction of
any portion of the Information or the Site.
Electronic Communications
It
is the sole responsibility of the member to provide
401k-PLUS
with an accurate and current e-mail address, and keep member
profile updated. Member understands that
401k-PLUS
will communicate with member at its own discretion, and that it
has no obligation to do otherwise. In the event that
401k-PLUS communicates with member it makes no representations; and strictly
disclaims any responsibility that said communication will be
actually received by member.
Links
This Site may contain links to other Internet sites. Such links
are provided for reference only and were independently developed
by parties other than
401k-PLUS.
401k-PLUS
is not responsible for the contents of any such linked sites and
does not assume any responsibility for the accuracy or
appropriateness of the information contained at such sites. The
inclusion of any link does not imply endorsement by
401k-PLUS
of the site. Use of any such linked site is at the user's own
risk.
No
Endorsement
Reference to any third party information, product, process or
services at this Site or any linked site is not an expressed or
implied endorsement by
401k-PLUS.
Subscription Based Content
Some contents and/or services on this Site may be offered to you
conditioned on your payment of subscription fees. If you elect
to purchase subscription-based content/services and transmit to
401k-PLUS
a subscription purchase request, you warrant that all
information that you submit is true and accurate (including
without limitation your credit card number and expiration date),
and you agree to pay all subscription fees you incur. All
payments are due and owing in Orange County, California. You
agree that these Terms of Use will apply to your subscription.
You also agree to be bound by any additional terms of use,
conditions and disclaimers that may be required by
401k-PLUS
or any content Providers from time to time. This Site may be
temporarily unavailable from time to time due to required
maintenance, telecommunications interruptions, or other
disruptions. Although
401k-PLUS makes every reasonable effort to minimize such downtime,
401k-PLUS
does not guarantee 100% availability of the Site.
Your
subscription is personal to you and the members of your
household, and you may not transfer or make available your
account name and password to others, including without
limitation your co-workers. Any distribution by you of
your account name and password may result in cancellation of
your subscription without refund and additional charges based on
unauthorized use.
No
Solicitation
No part of this Site should be taken to constitute an offer or
solicitation to buy or sell products or services. Some products
or services mentioned on this Site may only be available in
certain areas or jurisdictions. Any products or services
mentioned on this Site are made available in accordance with
local laws and only where they may be lawfully offered for sale.
Confidentiality Warning
Absent the use of encryption, the Internet is not a secured
medium and privacy cannot be ensured. Internet e-mail is
vulnerable to interception and forging.
401k-PLUS
will not be responsible for any damages you or any third party
may suffer as a result of the transmission of confidential
information that you may make to
401k-PLUS
through the Internet, or that you expressly or implicitly
authorize
401k-PLUS
to make, or for any errors or any changes made to any
transmitted information.
Computer Viruses
While efforts are made to ensure that the Information provided
at this Site does not contain computer viruses, you should take
reasonable and appropriate precautions to scan for computer
viruses and should ensure that you have a complete and current
backup of the applicable items of information contained on your
computer system.
Conformance with Law
You agree that your use of this Site will not violate any
applicable local, national or international law, including but
not limited to any regulations having the force of law. Some
jurisdictions may have restrictions on the use of the Internet
by their residents. You agree not to impersonate any person in
your use of the Site or the sending of any e-mail to an address
listed on the Site.
Severability
If any provision of these Terms of Use is determined to be
invalid or unenforceable, the provision will be enforced to the
maximum extent permissible and the remaining provisions of these
Terms of Use will still be valid.
Governing Law
The laws of the State of California will govern as to the
interpretation, validity and effect of these Terms of Use and as
to any dispute or claim based on your use of the Site or the
Information, notwithstanding any conflict of laws provisions of
your domicile, residence or physical location.
Legal Forum
Any dispute between the parties that results in litigation shall
be exclusively heard in the Courts sitting in Orange County,
California.
If
you have any questions or concerns, please contact us by e-mail at
info@401k-plus.com.
If
you do not agree to be bound by the above document, you should
immediately discontinue any use of this Site.
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