terms of use
Important Legal Information
This agreement (“Terms of Use”) is a legally binding contract between PlanMember Financial Corporation and its subsidiaries (collectively, “PlanMember”, “We”, “Us” or “Our”) and you (“You” or “Your”). These Terms of Use govern Your use of this web site, and the web sites owned and operated by PlanMember (collectively, the “Sites”) or from any site from which you access these Terms Of Use. These Sites provide you with certain information regarding the information about the services and products offered through PlanMember (“the Services”). PlanMember requires that all visitors to its Sites review and adhere to the following Terms of Use.
The Sites are only available to those individuals or entities of legal age that are entitled to enter into legally binding agreements.
PlanMember reserves the right to revise these Terms of Use in its sole discretion at any time without notice. Therefore, it is your responsibility to carefully review the Terms of Use and Sites prior to each use of the Sites. If you continue to use the Sites or any of the Sites you agree to be bound by any such changes to the Terms of Use.
BY USING THE SITES, YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE OR ANY OF THE SITES. YOUR ACCESS AND USE OF ANY OF THE SITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW. THEREFORE, PLEASE REVIEW THESE TERMS OF USE CAREFULLY.
Ownership of Intellectual Property
All of the content on the Sites is owned by PlanMember, unless expressly stated otherwise, and is protected by copyright, service mark, trademark, trade dress, trade secret, unfair competition and other intellectual property and applicable laws.
The content includes, but is not limited to, the text, designs, images, illustrations, graphic material, photographs, designs of the “look and feel” layouts, user interfaces, visual interfaces, audio clips, video clips, artwork, goods, or other copyrightable elements of the materials on the Sites, and the selection and arrangement of materials on the Sites (collectively, “the Content”).
PlanMember owns, except as expressly stated, without limitation all service marks, trademarks, trade names, slogans, designs, and trade dress (collectively, the “Service Marks”). Numerous Service Marks are federally registered or registered in the State of California.
All of the Service Marks on the Sites are protected by copyright, service mark, trademark, trade dress, trade secret, unfair competition and other intellectual property and applicable laws.
The following service marks or trademarks associated with the PlanMember Services™ Program are owned by PlanMember and that these service marks or trademarks constitute valuable intellectual property and proprietary assets.
PLANMEMBER SERVICES™
CIRCLE & WAVE DESIGN MARK™
PLANNING YOUR FUTURE… TODAY™
PARTNERSHIP FOR SUCCESS™
OPTIFUND™
PLANMEMBER ONLINE™
PLANMEMBER™
PLANMEMBER UNIVERSITY ™
RETIREMENT ACADEMY™
MEMBERMINDS™
PLANMEMBER CONNECT ™
PLANMEMBER ENTERPRISE CONNECT ™
PLANMEMBER CLIENTCONNECT ™
PLANMEMBER BUSINESSCONNECT ™
PLANMEMBER ADVISORCONNECT ™
PLANMEMBER COMPLIANCECONNECT ™
PLANMEMBER FINANCIALCENTER CONNECT ™
PLANMEMBER FINANCIAL CENTER™
PLANMEMBER WORKPLACE SAVINGS PROGRAM™
PLANMEMBER WORKPLACE ADVISORY PROGRAM™
PLANMEMBER RETIREMENT AND INVES™ENT PROGRAM ™
PLANMEMBER PERSONAL RETIREMENT PLAN™
PLANMEMBER FINANCIAL™
PLANMEMBER SECURITIES™
PSC INSURANCE MARKETING™
PLANMEMBER ASSET MANAGEMENT™
SCARBOROUGH ALLIANCE GROUP™
PLANMEMBER ADVISOR™
PLANMEMBER ELITE™
PLANMEMBER STRATEGIST™
PLANMEMBER RETIREMENT SELECT™
PLANMEMBER PARTICIPANT CHOICE™
PLANMEMBER SELECT™
PLANMEMBER PREFERENCE™
PLANMEMBER INSURANCE™
PLANMEMBER ERISA PROGRAM™
PLANMEMBER INVES™ENT AND SAVINGS PROGRAM™
ONLINE RETIREMENT PLAN REVIEW™ and ORPR™
PERSONALIZED RETIREMENT INCOME ANALYSIS™ and PRIA™
PERSONAL RETIREMENT CALCULATOR™ and PRC™
PLANMEMBER EDUCATIONAL SERVICES™
THE FUTURE FAVORS THE PREPARED MIND™
PLANMEMBER KNOWLEDGEBASE ™
Use of Information on The Sites
If you have accessed the Sites, PlanMember grants You a limited, personal, non-exclusive, nontransferable, revocable license that can not be sublicensed to download files, print or copy information from the Sites only for your personal non-commercial use unless you and PlanMember have expressly agreed otherwise in writing prior to Your use.
You agree that other than the rights to access the Sites, view the Content, Services, and Service Marks, to download files, print or copy information from the Sites only for your personal non-commercial use, that under the Terms and Conditions set forth herein that you acquire no ownership, title, rights or interest of any kind in or to the Sites or any part of the Content, Services and/or Service Marks displayed on the Sites which remain the property of PlanMember except as expressly stated.
Except for the purposes expressly provide herein, You agree that you will not copy, reproduce, modify, upload, create derivate works from, republish, display, transmit, post, display, perform, license, disseminate, broadcast, e-mail or disseminate by other electronic means, publish, republish, license, frame, distribute or circulate in any way the Content, Services, or Service Marks to any third party including, without limitation, the display and distribution of the Content, Services, or Service Marks via a third party web site, or otherwise distribute, in any other way for commercial or public purposes in whole or in part any of the Content, Services, or Service Marks except for the purposes expressly provided herein, without our express prior written consent.
You agree that you will not remove any Service Mark, copyright or other notice from the Sites unless PlanMember and You have expressly agreed otherwise in writing prior to Your doing so.
Any right to use the Sites will terminate automatically without any notice to You if you breach any of the Terms of Use. In our sole discretion, We can also terminate this agreement without providing any notice to You. If this agreement is terminated, You agree to destroy all downloaded and/or printed materials immediately.
Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Reservation of Rights
All rights not expressly granted herein to You by PlanMember are reserved by PlanMember and/or its Licensor.
Changes to Sites
PlanMember may at any time without prior notification, implement changes or make improvements or modification to the Content, Services and/or Service Marks on its Sites. These changes are effectively immediately upon publishing and Your continued use of the Sites implies that You accept the published changes.
Links
The Sites may contain links to non-PlanMember Sites (collectively, “Linked Websites”). These Linked Websites are offered as a convenience only and are accessed at the risk of the user. Information contained on these Linked Websites, while deemed reliable, are not guaranteed by PlanMember for their accuracy, sequence, timeliness, or completeness. PlanMember makes no warranties with respect to results obtained from their use and accepts no responsibility for the Linked Websites. Further, PlanMember offers no endorsement of third-party services, goods, or information expressed or implied by any information, content or material on any third-party website and takes no responsibility for the privacy practices of third-party websites. If third-party websites are accessed through third-party links on the Sites, the Terms of Use herein will apply to the Linked Websites.
Passwords
You must use a password to access certain PlanMember Sites or portion(s) thereof. You agree that, in registering, all the information you submit will be accurate and, when appropriate, you must promptly update all information. We will have the right to terminate your access to the Sites if all the information is not accurate or current or you have allowed unauthorized use. The password-protected portion(s) of the Sites may only be accessed and used by those individuals or entities registered with PlanMember.
You also agree that if it comes to your attention that there has been any unauthorized access to Your Password Account, you will immediately advise PlanMember of such unauthorized access.
Disclaimer of Warranties
THE SITES, SERVICES, AND CONTENT CONTAINED ON THE SITES OR DOWNLOADABLE THEREFROM ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WHERE IS” BASIS. ALTHOUGH PLANMEMBER MAKES EVERY EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ON ITS SITES, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURANCIES AND TYPOGRAPHICAL ERRORS. PLANMEMBER RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS TO ITS SITES AT ANY TIME AND WITHOUT NOTICE. PLANMEMBER MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, STATUTORY WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, THAT THE CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS, TIMELINESS ON THE CONTENT AND SERVICES, QUIET ENJOYMENT, THAT THE CONTENT AND SERVICES ON THE SITES SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITES OR SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLANMEMBER OR THROUGH THE SITES, CONTENT AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITES THROUGH THE SERVICES, CONTENT OR ANY USE OF SAME BY YOU.
YOU ASSUME THE ENTIRE RISK OF THE USE OF THE SITES, THE CONTENT, THE SERVICES AND USE OF THE SERVICE MARKS PROVIDED THEREIN.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limitation Of Liability
IN NO EVENT WILL PLANMEMBER OR ITS EMPLOYEES OR AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR NEGLIGENCE DIRECT OR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SITES OR USE THEREOF OR INABILITY TO USE THEREOF BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR SYSTEM FAILURE EVEN IF PLANMEMBER OR ITS EMPLOYEES OR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU WILL ASSUME ALL THE COSTS IF THE USE OF THE SITES RESULTS IN THE NEED FOR THE SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA. IN NO EVENT SHALL PLANMEMBER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO PLANMEMBER, IF ANY, FOR ACCESSING THE SITES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Your Indemnification Obligations
You agree to indemnify, defend, hold harmless and release PlanMember and its respective employees, officers, directors, stockholders, agents, licensor and their respective successors and assigns, from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to Your use or misuse of the Content, Services, and /or Service Marks contained on its Sites or provided thereby, including, but not limited to, information from third-party web sites linked to the Sites.
Dispute Resolution
In the event that any disputes, claims or controversies arise out of or are related to the Terms of Use, an Officer or Director of the parties or We or You who have complete authority to enter into a resolution of the dispute shall meet within ten (10) days of written notice of the dispute to seek a good faith resolution of the dispute in Santa Barbara County, California. If a resolution cannot be reached by the parties, then the parties agree to non- binding mediation with a third party mediator to be selected within ten (10) days after the prior meeting between the parties. The mediation shall be conducted in Santa Barbara County, California. No discovery or written briefs shall be required for such mediation. Anything said in the meeting or mediation is inadmissible in any further proceeding. If the parties are still unable to reach a resolution following mediation, then We and You agree to binding arbitration as the sole and exclusive remedy for a claim of such breach. The arbitration shall not take more than two (2) days. The arbitration shall take place in Santa Barbara County, California in accordance with the commercial arbitration rules of the American Arbitration Association then in effect at the time of any controversy or claim. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
We and You shall each pick an arbitrator from a list provided by the American Arbitration Association that is mutually satisfactory to them. If We and You are unable to agree on an arbitrator The two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the American Arbitration Association. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. The party(ies) who do(es) not prevail shall bear any and all legal, accounting and other costs and expenses incurred by the prevailing party.
Governing Law
Any legal action or proceeding of any disputes or controversies between the parties arising out of these Terms of Use, or the Sites, will be governed by California law without regard to its conflict of law principles.
Jurisdiction
Any and all litigation in connection with any dispute arising under and in connection with these Terms of Use or the Sites shall be filed and litigated in a federal or state court in the County Of Santa Barbara, California. By accessing the Sites the parties consent to personal jurisdiction and venue in the County Of Santa Barbara, in the State Of California.
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Waiver of any breach of these Terms of Use by We or You shall not be a waiver of any other breach of these Terms of Use.
This agreement embodies the entire Terms of Use agreement between We and You. However, If you have any existing agreement with PlanMember participants, these Terms of Use supplement such agreements. If by accessing the Sites You must agree to Additional Terms, such Additional Terms and the Terms of Use shall apply equally. In the event that this is an irreconcilable difference between the Terms of Use and Additional Terms, the Additional Terms shall apply.
The Sites Do Not Offer Investment Advice
The investment strategies, products and services contained in this site are offered only as general information and are not provided as investment advice. No specific solicitation of any securities, services or products is offered on this site in any jurisdiction where their offer or sale is not qualified or exempt from registration.
DISCLOSURES
PlanMember products and services are available to U.S. residents only. Representatives must be registered in the state in order to offer investments to its residents.
Prospectus & Mutual Fund
The tax-deferral benefit offered by annuities provides no additional tax benefit if they are held in tax-qualified accounts such as IRA, 403(b), 457, or 401(k). Special rules governing annuities issued in connection with a tax-qualified retirement plan restrict the amount that can be contributed to the contract during any year.
Before investing, carefully read the prospectus(es) or summary prospectus(es) which contain information about investment objectives, risks, charges, expenses and other information all of which should be carefully considered. For current prospectus(es) call (800) 874-6910. Investing involves risk. The investment return and principal value will fluctuate and, when redeemed, the investment may be worth more or less than the original purchase price.
Asset allocation cannot guarantee a profit or ensure against loss.
Variable Annuity
Investors should carefully consider a variable annuity’s risks, charges, limitations and expenses, as well as the risks, charges, expenses and investment objectives of the underlying investment options. Other information about variable annuities is provided in the product and underlying fund prospectus(es). For current prospectus(es), call (800) 874-6910.
Fixed Annuity
Withdrawals from annuities, including partial withdrawals and surrenders, may be taxable. If you take a taxable withdrawal before age 59½, you may have to pay a 10% penalty to the IRS on the amount of gain in your contract, in addition to your normal income taxes.
The tax-deferral benefit offered by annuities provides no additional tax benefit if they are held in tax-qualified accounts such as IRA, 403(b) or 401(k). Special rules governing annuities issued in connection with a tax-qualified retirement plan restrict the amount that can be contributed to the contract during any year.
Investment Advisor
The use of an investment advisor does not guarantee a profit or ensure against loss.
Asset Allocation
Asset allocation cannot guarantee a profit or ensure against loss.
Insurance
Guarantees and benefits are subject to the claim-paying ability of the underlying insurance company.
Ancillary Products
Representatives registered with PlanMember Securities Corporation offer only securities and advisory services through PlanMember Securities Corporation, a registered broker/dealer, investment advisor and member FINRA/SIPC, 6187 Carpinteria Ave, Carpinteria, CA 93013 (800) 874-6910. PlanMember Securities Corporation and ancillary or third-party product providers included on our Sites are independently owned and operated. PlanMember is not responsible or liable for ancillary products or services offered by third-party or ancillary product providers.
Bank/Credit Union
The tax-deferral benefit offered by annuities provides no additional tax benefit if they are held in tax-qualified accounts such as IRA, 403(b), 457, or 401(k). Special rules governing annuities issued in connection with a tax-qualified retirement plan restrict the amount that can be contributed to the contract during any year.
Before investing, carefully read the prospectus(es) or summary prospectus(es) which contain information about investment objectives, risks, charges, expenses and other information all of which should be carefully considered. For current prospectus(es) call (800) 874-6910. Investing involves risk. The investment return and principal value will fluctuate and, when redeemed, the investment may be worth more or less than the original purchase price.
Asset allocation cannot guarantee a profit or ensure against loss.
Not a Deposit • Not FDIC Insured • Not Bank Guaranteed • Not insured by any Federal Government Agency • May Lose Value
Broker/Dealer
Representatives are registered with and securities products and advisory services are offered through PlanMember Securities Corporation, a registered broker/dealer, investment advisor and member of FINRA and SIPC.
PlanMember Securities Corporation
6187 Carpinteria Ave.
Carpinteria, California 93013
(800) 874-6910