ARTICLE I– PRINCIPLES:
Section 1.01 -- Principles: We may gather and use information as follows:
(1) Notice: We may gather and use information as follows:
(a) Volunteered Information: We will receive and store any information you enter on the Web Site or give us in any other way that personally identifies you to improve your experience at the Web Site, to get a better general understanding of the type of individuals visiting the Web Site, and to enable us to contact you when needed. Typically you will provide information on the Web Site for the purchase of products or services or when you submit comments or questions for review by us.
(b) Automatic Information: To enable us to provide content that users need and desire, we collect aggregated site-visitation statistics using cookies. A Cookie is simply a small data file we place on your computer’s hard drive when you first visit the Web Site (“Cookie”). This file contains a unique number that helps us identify you when you return to the Web Site. Cookies are employed by thousands of web sites to enhance users’ web viewing experience. Cookies can neither damage user files nor can they read information from users’ hard drives. We combine all usage information provided by such Cookies and we do not monitor your use of the Web Site. Allowing us to create a Cookie on your hard drive will not give us or any other site access to the rest of your computer’s hard drive, and only we will be able to read the Cookie that the Web Site creates.
(c) Information Use: We use information for personal identification; to get a better general understanding of the type of individuals visiting the Web Site; to respond to your requests for purchases, comments, or questions; to improve your experience at the Web Site; to collect aggregated site-visitation statistics; and to alert you to product enhancements, special offers, updated information, and other new services from us. We also use information to alert you of subscription renewal discounts, to automatically renew your subscription and advise you of upcoming service offerings and events.
We may disclose information to third parties, including selling or disclosing customer lists to commercial or charitable users thereof. Disclosure for such purposes is limited to your name, company, position, address, phone and fax numbers, and web site and email addresses. If you do not wish to have such information disclosed, please let us know by contacting us. To enable us to process your request, please include your name and address. Once properly notified, we will remove your name from the lists and disclosures as soon as we practicably can in the course of normal business practices.
When you order products or services from us, we ask for your credit card number and billing address. We use this information only to bill you for the products or services you order at that time and for no other purpose. Annual subscriptions are payable on the purchase date of the Subscription and renew automatically each anniversary unless canceled in writing thirty days in advance of each anniversary date.
Any user questions or comments submitted to us may become available in the public sections of the Web Site, including a section entitled “Frequently Asked Questions,” immediately after such questions or comments are submitted to us. If we publicize any user questions, such questions will not contain facts that identify the user or the specific parties involved. We also reserve the right to use any user comments submitted to us for promotional purposes and by submitting such comments to us you agree that we may do so.
We may release any user information if required to comply with law; to enforce or to apply the Web Site Terms and Conditions; or under the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights, properties, or safety of us or our users.
(2) Choice: We give you a choice as to the type and amount of private information we have, as follows:
(a) Volunteered Information: You can always choose not to provide certain information to us. If you choose not to provide personal information, you can still use many parts of the Web Site. However, you will not be able to purchase products and services and you will not be able to take advantage of many of our features. If you have previously provided certain information to us and you desire to remove such information from our databases, or if you do not wish for your information to be disclosed to third parties, you may contact us to remove such information.
(b) Automatic Information: Most web browsers automatically accept Cookies, but if you prefer, you can edit your browser options to block Cookies in the future. The “Help” portion of the toolbar on most browsers will explain how you can prevent your browser from accepting new Cookies, how to set the browser to inform you when you receive a new Cookie, or how to reject Cookies altogether.
(3) Access: We provide you with the ability to ensure that your personal information is correct and current. You may review and update your personal information by contacting us. For security purposes, we require user verification via user’s user name and password to receive personal information.
(4) Security: We protect the security of your personal information. We takes steps to protect your data from loss, misuse, alteration, destruction, or unauthorized access. We use sophisticated security technologies to secure users’ ordering information, user name, and password. We encrypt users’ ordering information, user name, and password (including users’ credit card account number) using Secure Socket Layer (“SSL”) technology. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. To support this technology, users must have an SSL-capable browser. SSL is one of the safest encryption technologies available. While we use such sophisticated security technology to secure users’ ordering information, user name, and password, we cannot guarantee that any electronic commerce is totally secure.
Section 2.01 -- User Safeguards: You are responsible for maintaining the secrecy of your user name, password, and any account information. It is important for you to be responsible and protect your user name, password, and computer against unauthorized users. It is important to sign off when you have completed using a computer accessible by others.
Section 3.01 -- Children: We do not sell products for children. Users of the Web Site must be at least eighteen years old. If a child has provided us with personal information, that child’s parent or guardian should contact us to delete such information from our records.
Section 4.01 -- Third Party Web Sites: Please be aware that the Web Site may have links to third party web sites that may collect personally identifiable information about you. When you click on one of these third party links, you are entering another web site for which we have no responsibility. This Notice does not cover the information practices or policies of such third party web sites. We encourage you to read the privacy statements of all such web sites since their privacy policies may be materially different from our Notice.
Section 5.01 -- Agreement and Modification: By using and accessing the Web Site you indicate that you have read and understand this Notice and you consent to the collection and use of information by us in the manner explained in this Notice. This Notice and the Web Site Terms and Conditions, including without limitation, provisions covering limitations on damages, arbitration of disputes, and the application of Texas law govern any dispute over privacy. By using and accessing the Web Site you agree to indemnify us for any and all third party claims resulting from your breach of this Notice or the Web Site Terms and Conditions. If you have any questions or concerns about your privacy at the Web Site, please contact us. If you do not accept this Notice, do not access and use the Web Site. We may revise this Notice at any time without notice by updating this Notice. Any modifications in the way we use personal information will be provided in future updates of this Notice so you are always aware of what information we collect, how we use it, and under what circumstances we disclose such information. Modifications will be effective immediately and will be available on the Web Site. You should visit this web page periodically to review the Notice. User accepts any such modifications to this Notice by continued use of the Web Site after such modifications are made.
Disclaimers for Pacific United Financial
All the information on this website - - is published in good faith and for general information purpose only. Pacific United Financial does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (Pacific United Financial ), is strictly at your own risk. Pacific United Financial will not be liable for any losses and/or damages in connection with the use of our website. Our Disclaimer was generated with the help of the Disclaimer Generator and the Disclaimer Template.
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone 'bad'.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.
By using our website, you hereby consent to our disclaimer and agree to its terms.
Should we update, amend or make any changes to this document, those changes will be prominently posted here.
TERMS & CONDITIONS
PERMITTED USES OF OUR SITE AND CONTENT
All content and information, and all trademarks, service marks, trade names, trade dress, logos, copyrights and other intellectual property displayed on the Site (“Content”) are owned by, controlled by or licensed to Pacific United Financial Group, LLC or their respective owners. We have listed below the permitted uses of our Content. We reserve the right to change our permitted uses at any time.
• Pacific United Financial Group, LLC grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from the Site for your personal and noncommercial use only. Unless you receive our permission in advance, you may not exploit any of the Content commercially, forward it as a mass distribution, or post it on another site.
• If you link other websites to this Site, you may not imply or suggest that Pacific United Financial Group, LLC has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.
PROHIBITED USES OF OUR SITE AND CONTENT
Pacific United Financial Group, LLC does not grant, by implication, estoppel or otherwise, any license or right to use Content on this Site other than those set forth above, and you shall not make any other use of such Content without Pacific United Financial Group, LLC written permission. Without limiting the generality of the foregoing:
• You agree not to copy large portions of the Site (such as by bots, robots or spiders that “harvest” the Site), interfere with the functioning of the Site or restrict or inhibit any others from using the Site.
• If you download any pages from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such Content. You may not alter or modify the Content in your copies.
• You may not (and may not encourage or assist others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others through this Site.
• You may not transmit any virus, worm, time bomb or similar system interference or corrupt-ant through this Site.
Pacific United Financial Group, LLC has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. We reserve the right to change or supplement our website policies at any time to the fullest extent permitted by applicable law.
NO OFFERS OR ADVICE/FORWARD-LOOKING STATEMENTS/HISTORICAL INFORMATION
This Site is for informational purposes only. Under no circumstances should any information or materials presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. This Site does not provide specific investing advice to any individual viewing the contents of the Site and does not represent that the securities or services described herein are suitable for any specific investor. Investors are advised not to rely on any information contained in this site in the process of making a fully informed investment decision. Furthermore, no information or materials contained in the Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities.Pacific United Financial Group, LLC will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.
Past performance is not indicative of future results. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The investment return and principal value of an investment will fluctuate and, as a result, your redemption value may be more or less than original cost. The Site contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise. Any transactions described on the Site as having been engaged in by Pacific United Financial Group, LLC are included as representative transactions for illustrative purposes only.
The Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States, and are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Pacific United Financial Group, LLC to any registration or other requirement within such jurisdiction or country. Pacific United Financial Group, LLC reserves the right to limit access to the Site to any person, geographic region or jurisdiction. Unless otherwise expressly set forth herein, Pacific United Financial Group, LLC makes no representations that transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users, or that access by any user in the place it is located is not illegal or prohibited. Users who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or Content on the Site under the laws of any applicable jurisdictions. You may not use or export the Content on the Site or accessible through the Site in violation of U.S. laws and regulations.
Pacific United Financial Group, LLC does not review or monitor any websites linked from or to the Site and is not responsible for the Content of any such websites. Accordingly, Pacific United Financial Group, LLC cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Pacific United Financial Group, LLC with respect to any such linked websites or the Content, products or services contained or accessible through such websites or their operators. Pacific United Financial Group, LLC DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF THIRD-PARTY INTERNET WEBSITES HYPERLINKED FROM THE SITE. Your following links from or to such websites is at your sole risk.
TRANSMISSION TO AND FROM THE SITE
PASSWORD AND SECURITY NOTIFICATION
Certain areas of the Site are password protected and are only accessible to those who have a valid Pacific United Financial Group, LLC-issued password. You may not attempt to access any password protected areas of the Site without authorization. In the event that you have been issued such a password, you acknowledge and agree thatPacific United Financial Group, LLC has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files. The contents of the password protected area of the website are subject to the confidentiality provisions of the fund documents. Persons who have access to the password protected area are responsible for maintaining the confidentiality of any account information, user names, and/or security questions and answers that they may use to access any page or feature on the password protected area, and for logging off any protected areas of the Site. Accordingly, you should take steps to protect the confidentiality of your password. You should notify Pacific United Financial Group, LLC immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password. Persons with access to the password protected area are solely responsible for maintaining the confidentiality and security of their unique passwords. They may not disclose their passwords to any third party. If password information is shared with a third party in violation of this Agreement, such as an information aggregation, we may not be able to verify the user of the password information. If password information is shared with a third party in violation of this agreement, including an information aggregation, Pacific United Financial Group, LLC assumes no liability or responsibility whatsoever for the integrity and security of that third party’s information systems or the dissemination, through a third party, of any confidential information. Pacific United Financial Group, LLC will not be responsible for any loss that arises from such use or action or from the failure to comply with these provisions.
LIMITATION OF LIABILITY
Pacific United Financial Group, LLC USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THIS WEBSITE. HOWEVER, ERRORS AND OMISSIONS MAY OCCUR. IN NO EVENT SHALL Pacific United Financial Group, LLC OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF Pacific United Financial Group, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
DISCLAIMER AND INDEMNITY
Pacific United Financial Group, LLC and its officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability or other characteristics of the information or materials presented on the Site. Such information or materials are provided “as is” and “as available”. To the fullest extent permissible pursuant to applicable law, Pacific United Financial Group, LLC specifically disclaims any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy or completeness. Pacific United Financial Group, LLC does not warrant that the information in this Site is accurate, reliable or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful components. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Site or made via the Site may not be secure. The investments and strategies discussed in the content may not be suitable for all investors and are not obligations of Pacific United Financial Group, LLC or any of its affiliates or guaranteed by Pacific United Financial Group, LLC or any of its affiliates. The investments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. You should obtain and carefully review the prospectus for an investment before making any investment decision. Decisions based on information or materials contained on the Site are the sole responsibility of the user. As consideration for access to the Site, you agree to indemnify and hold harmless Pacific United Financial Group, LLC and its Related Persons from and against any claims whatsoever and of any nature for damages, losses and causes of action, including but not limited to actions by third parties against you, Pacific United Financial Group, LLC or any of its Related Person, arising out of or in connection with any decisions that you make based on such Content, your use of the Site, or your violation of our website policies. You agree to make Pacific United Financial Group, LLC its subsidiaries and affiliates whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of this Agreement unless prohibited by law.
All Content on the website is subject to copyright, trademark, and other proprietary rights and laws. Pacific United Financial Group, LLC reserves the right to change Content without notice. No part of this Site may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying or recording, or by any information storage or retrieval system, without the express written permission of Pacific United Financial Group, LLC
INTEGRATION AND SEVERABILITY; WAIVER
This Agreement represents the entire agreement between Pacific United Financial Group, LLC and the user relating to the subject matter herein. If, for any reason, a court of competent jurisdiction finds any provision in this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder shall continue in full force and effect. No waiver by Pacific United Financial Group, LLC of any breach of this Agreement will be deemed a waiver of any subsequent or different breach.
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