Terms of Use

1. GENERAL PROVISIONS AND CONDITIONS

1. NATURE OF TERMS OF USE, NAMES OF PARTIES, ACCEPTANCE OF THESE TERMS. Please read these Terms of Use (“Terms” and “Terms of Use”) carefully. By accessing the pfsguidedwealth.com website (the “Website”) operated by Planned Financial Services (“PFS”) and any pages hereof, you are indicating that you have read, acknowledge, and agree to be bound by these Terms. If you do not agree to these Terms, do not access the Website. PFS reserves the right to changes these Terms which you are responsible for regularly reviewing. Your continued use of the Website constitutes agreement to all such changes.

2. ELECTRONIC COMMUNICATIONS. When you visit the Website or send emails to PFS you are communicating with PFS electronically. You consent to receive communications from PFS electronically. PFS will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that PFS provides to you electronically satisfy any legal requirement to communicate in writing.

3. INTEGRATED AGREEMENT. The Terms constitute the entire agreement between you and PFS and governs your use of the Website, superseding any prior agreements between you and PFS.

4. GOVERNING LAW, VENUE, JURISDICTION. The laws of the state of Ohio, without regard to conflict of law provisions, shall govern these Terms, their construction, and any interpretations of the provisions of these Terms. You and PFS agree to submit to arbitration, conducted by the American Arbitration Association, any disputes or claims arising out of (1) the use of the Website; (2) these Terms; (3) the Privacy Policy. You further agree that Ohio has exclusive jurisdiction and venue over these disputes and claims and you consent to the exclusive jurisdiction and venue of Ohio.

5. STATUTE OF LIMITATIONS. Regardless of any statute or law to the contrary, you agree to bring any claim or cause of action arising out of or related to the use of the Website or these Terms within one (1) year after the claim or cause of action arose. The failure to bring a claim or cause of action arising out of or related to the use of the Website or these Terms within one (1) year after the claim or cause of action arose, forever bars the claim or cause of action.

6. WAIVER. Neither you, nor PFS, nor any interpreting legal authority shall construe any failure of PFS to demand rigid adherence to one or more of these Terms’ provisions, on one or more occasions, as a waiver or deprive PFS of the right to insist upon strict compliance in the future.

7. BINDING EFFECT, ASSIGNMENT. These Terms shall bind and inure to the benefit of you, PFS and each party’s successors and assigns; provided, however, that you may not assign or transfer these Terms, in whole or in part, except with the prior written consent of PFS. You agree that PFS, in its sole discretion, may automatically assign these Terms and all incorporated documents to a third party in the event of a merger or acquisition.

8. LEGAL CONSTRUCTION. In case any one or more of the provisions contained in these Terms are held to be invalid, illegal, or unenforceable in any respect, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and the invalidity, illegality, or unenforceability shall not affect any other provision and these Terms shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in them. You understand that headings are for reference purposes only, and in no way define, limit, construe, or describe the scope or extent of any section. PFS’ failure to act with respect to a breach of these Terms by you or others does not waive PFS’ right to act with respect to subsequent or similar breaches.

2. USE OF THE WEBSITE AND OTHER INFORMATION; BREACH; TERMINATION

1. USERS OF THE WEBSITE. The Website is intended solely for individuals who are of legal age to form a binding contract. Any access to or use of the Website by anyone under such legal age is unauthorized and in violation of these Terms. By accessing the Website you warrant that you are of legal age to form a binding contract.

2. USE CONTRARY TO LAW. You agree that you will not engage in any activities related to the Website that are contrary to applicable law, regulations, or the terms of any agreements you may have with PFS or third parties in connection with your use of the Website.

3. SECURITY MEASURES. You agree to establish commercially reasonable security procedures and controls to protect any of your confidential information.

4. MISUSE OF THE WEBSITE. You agree not to misuse the Website or its contents. Misuse may include, but is not limited to, introducing viruses, trojans, works, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, or to restricted areas of the Website. You must not attack the Website via a denial-of-service or distributed denial-of-service attack or take any action with similar effect.

5. INFORMATION INTENDED FOR INFORMATIONAL PURPOSES ONLY; NO PERFORMANCE REPRESENTATION. Information that is publicly available on the Website is provided for informational purposes only and is not intended to provide legal, tax, or financial planning advice. PFS makes no representation that any actual or hypothetical investment will achieve a particular outcome or perform predictably. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE SUCCESS and returns in any period may vary greatly from those of a previous period. Investing involves risk and investments may lose value.

6. LINKS. PFS may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PFS has no control over those sites and resources, you acknowledge and agree that PFS is not responsible for the availability of those external sites or resources, and PFS neither endorses nor accepts responsibility or liability for any content, advertising, products, or other material on or available from those sites or resources. You further acknowledge and agree that PFS is not responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with use of or reliance on any content, goods, or services available on or through any site or resource.

7. PRIVACY. PFS complies with all Federal laws giving consumers the right to limit some, but not all, sharing of personal information. Federal law requires PFS to tell you how it collects, shares, and protects your personal information. PFS makes such disclosure in its Privacy Policy. PFS views protection of your privacy as a very important community principle. PFS clearly understands that you and your information are important assets. PFS stores and processes your information on computers located in the United States. PFS protects this information utilizing physical and technological security devices. If you object to the transfer or use of your information as described in the Privacy Policy, please do not use the Website.

8. MODIFICATIONS OF SERVICE. PFS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that PFS has no liability to you or to any third party for any modification, suspension, or discontinuance of the Website.

9. BREACH. Without limiting other remedies, PFS may refuse to allow you to use the Website if: (1) you breach these Terms or the documents it incorporates; (2) PFS is unable to verify or authenticate any information you provide to it; or (3) PFS believes that you actions may cause financial loss or legal liability.

10. TERMINATION. PFS may terminate or suspend your access to the Website immediately, without prior notice or liability, under PFS’ sole discretion, for any reason whatsoever and without limitation, including, but not limited to, a breach of these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. MISCELLANEOUS. If you need accommodations to use the Website, please contact our client service staff by using the “Contact” page of the Website. Some information is only accessible under given conditions such as if the requested information requires eligibility. Private Fund information is only accessible under given conditions, such as the qualified or accredited status of the individual, as defined by the SEC.

3. NO WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION

1. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO OHIO LAW, PFS DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PFS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLICITLY, THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS ON THE WEBSITE AND PFS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS AND OMISSIONS IN THESE MATERIALS AND FOR THE USE OR INTERPRETATION BY OTHERS OF INFORMATION ON THE WEBSITE. PFS WILL NOT BE RESPONSIBLE FOR ANY LOSS Or DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE THROUGH THE WEBSITE.

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PFS DOES NOT WARRANT THAT: (1) THE WEBSITE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (3) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS.

YOU FURTHER ACKNOWLEDGE THAT PFS PROVIDES NO WARRANTY IN CONNECTION WITH ANY ADVICE OR INFORMATION YOU OBTAIN FROM THE WEBSITE.

2. LIMITATION OF LIABILITY. PFS AND ITS EMPLOYEES ARE NOT LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE), FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST DATA, INTERRUPRTIONS, OR LOST PROFITS ARISING OUT OF OR RELATING TO YOUR USE OF THE WBESITE OR RELATING TO ANY BREACH OF THESE TERMS.

3. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS III.A AND III.B MAY NOT APPLY TO YOU.

4. INDEMNIFICATION. You agree to indemnify and hold PFS and its affiliates, officers, directors, agents, and employees harmless from any third party claim(s), settlement of claim(s), demand(s), including reasonable attorneys’ fees, due to or arising out of your breach of these Terms or the documents it incorporates by reference, your violation of any law or rights of a third party, your use of the Website, or your connection to the Website.

4. E-COMMERCE TRANSACTIONS, PAYMENT PROCESSING AND WEBSITE PURCHASES

One of the services available through the Website is the option to subscribe to a Financial Advisory Service Bundle (the “Bundle”, or “Bundles”). If you choose to subscribe to a Bundle, you will be asked to pay a one-time fee, the amount of which varies with the Bundle you select. You may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information (if physical materials will be mailed to you). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH THE PURCHASE OF ANY BUNDLE. By submitting this information, you grant to PFS the right to provide the same information to its third-party payment processor, PayPal, for purposes of facilitating the completion of purchases of Bundles initiated by you or for you. Verification of information may be required prior to the acknowledgment or completion of any transaction.

All purchases of Bundles are facilitated through PayPal. PFS may replace its third-party payment processor without notice to you. PayPal, which is required by credit card issuers to meet specific security requirements, will collect, store, and process information about your method of payment for PFS using industry-standard security measures. PFS does not store any payment card information.

All descriptions, images, references, content, services, and prices of services described or depicted on the Website are subject to change at any time without notice. The inclusion of any services on the Website does not imply or warrant that these services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the Bundles or any other service offered on the Website. You agree to pay all charges that may be incurred by you or for you through the Website, at the price(s) in effect when you incur the charge(s). In addition, you remain responsible for any taxes that may be applicable to your purchases.

5. INTELLECTUAL PROPERTY RIGHTS; CONFIDENTIALITY

1. INTELLECTUAL PROPERTY RIGHTS. PFS or its content suppliers own the property rights to all content included on the Website, including text, graphics, logos, button icons, images, data compilations, and software. PFS also owns the exclusive property rights to the compilation of all content on the Website. PFS or its software supplier also owns all software used on the Website. Furthermore, PFS shall retain all intellectual property rights to the Website and original content, features, and functionality thereon that are the subject matter of these Terms. Neither your use of the Website nor your purchases on the Website entitle you to any right, title, or interest in PFS’ intellectual property rights. PFS’ intellectual property rights include, but are not limited to patent, trademark, trade name, and copyright rights.

2. CONFIDENTIALITY. You shall consider confidential the Website and all information furnished by PFS or prepared by PFS for you in connection with your use of the Website. You shall not disclose this information to any other person or use this information itself for any purpose other than pursuant to your use of the Website without PFS’ prior written permission. You shall not disclose any information relating to these Terms without PFS’ prior written permission.