Prominent Financial Planning Terms of Use.1470238287217
Prominent Financial Planning Terms of Use.1470238287217
Prominent Financial Planning Terms of Use.1470238287217
TERMS OF USE
1. ACCEPTANCE OF TERMS
The services that Prominent Financial Planning, LLC (“PFP”) provides to User is subject to the following
Terms of Use ("TOU"). PFP reserves the right to update the TOU at any time without notice to User. The
most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located
at the bottom of our Web pages.
B. PFP shall have the right at any time to change or discontinue any aspect or feature of
www.prominentfp.com, including, but not limited to, content, hours of availability, and equipment
needed for access or use.
2. CHANGED TERMS
PFP shall have the right at any time to change or modify the terms and conditions applicable to User's
use of www.prominentfp.com, or any part thereof, or to impose new conditions, including, but not limited
to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not limited to, posting on
www.prominentfp.com, or by electronic or conventional mail, or by any other means by which User
obtains notice thereof. Any use of www.prominentfp.com by User after such notice shall be deemed to
constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, PFP provides User with access to a variety of resources, including download
areas, communication forums and product information (collectively "Services"). The Services, including
any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to
the TOU.
© C DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS PRODUCT IN HARD
COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and
other equipment needed for access to and use of www.prominentfp.com and all charges related thereto.
5. USER CONDUCT
A. User shall use www.prominentfp.com for lawful purposes only. User shall not post or transmit
through www.prominentfp.com any material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which,
without PFP's express prior approval, contains advertising or any solicitation with respect to
products or services. Any conduct by a User that in PFP 's discretion restricts or inhibits any other
User from using or enjoying www.prominentfp.com will not be permitted. User shall not use
www.prominentfp.com to advertise or perform any commercial solicitation, including, but not
limited to, the solicitation of users to become subscribers of other on-line information services
competitive with PFP.
C. User shall not upload, post or otherwise make available on www.prominentfp.com any material
protected by copyright, trademark or other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right and the burden of determining that
any material is not protected by copyright rests with User. User shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting material to any public area of
www.prominentfp.com, User automatically grants, or warrants that the owner of such material has
expressly granted PFP the royalty-free, perpetual, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or technology now known or
hereafter developed for the full term of any copyright that may exist in such material. User also
permits any other User to access, view, store or reproduce the material for that User's personal
use. User hereby grants PFP the right to edit, copy, publish and distribute any material made
available on www.prominentfp.com by User.
D. The foregoing provisions of Section 5 are for the benefit of PFP, its subsidiaries, affiliates and its
third party content providers and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
© C DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS PRODUCT IN HARD
COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable User to communicate with others (each a "Communication
Service" and collectively "Communication Services"). User agrees to use the Communication Services
only to post, send and receive messages and material that are proper and, when applicable, related to
the particular Communication Service. By way of example, and not as a limitation, User agrees that when
using the Communication Services, User will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative or unsolicited messages (commercial or
otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other
material protected by intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or
control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available
through the Services in any manner that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files,
or any other similar software or programs that may damage the operation of another's computer
or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or
reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed
in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or
other proper notices or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular
Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any
directory of users of the Services or other user or usage information or any portion thereof.
PFP has no obligation to monitor the Communication Services. However, PFP reserves the right to review
materials posted to the Communication Services and to remove any materials in its sole discretion. PFP
reserves the right to terminate User’s access to any or all of the Communication Services at any time,
without notice, for any reason whatsoever. PFP reserves the right at all times to disclose any information
as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or
© C DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS PRODUCT IN HARD
COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW.
to edit, refuse to post or to remove any information or materials, in whole or in part, in PFP's sole
discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage,
reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads
the materials.
Always use caution when giving out any personally identifiable information in any Communication
Services. PFP does not control or endorse the content, messages or information found in any
Communication Services and, therefore, PFP specifically disclaims any liability with regard to the
Communication Services and any actions resulting from User’s participation in any Communication
Services. Managers and hosts are not authorized PFP spokespersons, and their views do not necessarily
reflect those of PFP.
If any of the Services requires User to open an account, User must complete the registration process by
providing PFP with current, complete and accurate information as prompted by the applicable registration
form. User also will choose a password and a user name. User is entirely responsible for maintaining the
confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all
activities that occur under User’s account. User agrees to notify PFP immediately of any unauthorized
use of User’s account or any other breach of security. PFP will not be liable for any loss that User may
incur as a result of someone else using User’s password or account, either with or without User’s
knowledge. However, User could be held liable for losses incurred by PFP or another party due to
someone else using User’s account or password. User may not use anyone else's account at any time,
without the permission of the account holder.
Certain portions of PFP’s website (i.e. newsletters, articles, commentaries, blogs, posts etc.) may contain
a discussion of, and/or provide access to, PFP (and those of other investment and non-investment
professionals) positions and/or recommendations as of a specific prior date. Due to various factors,
including changing market conditions, such discussion may no longer be reflective of current position(s)
and/or recommendation(s). Moreover, no client or prospective client should assume that any such
discussion serves as the receipt of, or a substitute for, personalized advice from PFP or from any other
investment professional. PFP is neither an attorney nor an accountant, and no portion of the website
content should be interpreted as legal, accounting or tax advice.
To the extent that any client or prospective client utilizes any economic calculator or similar interactive
device contained within or linked to PFP’s website, the client and/or prospective client acknowledges and
understands that the information resulting from the use of any such calculator/device, is not, and should
not be construed, in any manner whatsoever, as the receipt of, or a substitute for, personalized individual
advice from PFP, or from any other investment professional.
Please remember that different types of investments involve varying degrees of risk, and there can be no
assurance that the future performance of any specific investment or investment strategy (including those
undertaken or recommended by PFP will be profitable or equal any historical performance level(s).
Each client and prospective client agrees, as a condition precedent to access to PFP’s website, to
release and hold harmless PFP, its officers, directors, owners, employees and agents from any and all
adverse consequences resulting from any actions and/or omissions which are independent of receipt of
personalized individual advice from PFP.
© C DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS PRODUCT IN HARD
COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW.
Any software that is made available to download from the Services ("Software") is the copyrighted work of
PFP and/or its suppliers. Use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end
user will be unable to install any Software that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License
Agreement. Any reproduction or redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
FOR YOUR CONVENIENCE, PFP MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS
SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PFP DOES NOT
MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT
THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the
Services is granted, provided that (1) the below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as universities, private/public colleges, and state community colleges, may
download and reproduce the Documents for distribution in the classroom. Distribution outside the
classroom requires express written permission. Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. PFP AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
11. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL PFP AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
PFP does not claim ownership of the materials User provide to PFP (including feedback and suggestions)
or post, upload, input or submit to any Services or its associated services for review by the general public,
or by the members of any public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s
Submission User is granting PFP, its affiliated companies and necessary sublicensees permission to use
User’s Submission in connection with the operation of their Internet businesses (including, without
limitation, all PFP Services), including, without limitation, the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish
User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier
of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. PFP is
under no obligation to post or use any Submission User may provide and PFP may remove any
Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to
own or otherwise control all of the rights to User’s Submission as described in these Terms of Use
including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain
images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant
and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such
Images has granted User permission to use such Images or any content and/or images contained in such
Images consistent with the manner and purpose of User’s use and as otherwise permitted by these
Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided
consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and
not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images,
User is granting (a) to all members of User’s private community (for each such Images available to
members of such private community), and/or (b) to the general public (for each such Images available
anywhere on the Services, other than a private community), permission to use User’s Images in
connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of
example, and not as a limitation, making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s
name attached to such Images, and the right to sublicense such rights to any supplier of the Services.
The licenses granted in the preceding sentences for a Images will terminate at the time User completely
remove such Images from the Services, provided that, such termination shall not affect any licenses
© C DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS PRODUCT IN HARD
COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW.
granted in connection with such Images prior to the time User completely remove such Images. No
compensation will be paid with respect to the use of User’s Images.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PFP, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS
OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN WWW.PROMINENTFP.COM, OR FOR ANY DELAY OR INTERRUPTION
IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES
ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES
SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE PFP'S SITE. THE LINKED SITES ARE NOT UNDER
THE CONTROL OF PFP AND PFP IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED
SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. PFP IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. PFP IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PFP
OF THE SITE.
PFP is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, PFP
has no more editorial control over such content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or content expressed or made
available by third parties, including information providers, Users or any other user of
www.prominentfp.com, are those of the respective author(s) or distributor(s) and not of PFP. Neither PFP
nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through www.prominentfp.com represents the opinions and
judgments of the respective information provider, User, or other user not under contract with PFP. PFP
neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement
made on www.prominentfp.com by any third party information provider. Under no circumstances will PFP
be liable for any loss or damage caused by a User's reliance on information obtained through
www.prominentfp.com. It is the responsibility of User to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other content available through PFP.
16. MONITORING
PFP shall have the right, but not the obligation, to monitor the content of www.prominentfp.com, including
chat rooms and forums, to determine compliance with this Agreement and any operating rules
established by PFP and to satisfy any law, regulation or authorized government request. PFP shall have
the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on
www.prominentfp.com. Without limiting the foregoing, PFP shall have the right to remove any material
that PFP, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
17. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless PFP, its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses, including attorneys' fees,
arising out of the use of PFP by User or User's Account.
18. TERMINATION
Either PFP or User may terminate this Agreement at any time. Without limiting the foregoing, PFP shall
have the right to immediately terminate User's Account in the event of any conduct by User which PFP, in
its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
19. MISCELLANEOUS
This Agreement and any operating rules for www.prominentfp.com established by PFP constitute the
entire agreement of the parties with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject matter. This Agreement shall
be construed in accordance with the laws of the state of Texas, USA, without regard to its conflict of laws
rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used herein are for convenience only
and shall not be given any legal import.
All trademarks appearing on www.prominentfp.com are the property of their respective owners.
21. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their
respective owners. The example companies, organizations, products, domain names, email addresses,
logos, people and events depicted herein are fictitious. No association with any real company,
organization, product, domain name, email address, logo, person, or event is intended or should be
inferred.