Terms and Conditions of Use
Thank you for using the Pacific Park Financial, Inc. ETF Risk Alert For Financial Professionals service. The services provided hereunder are subject to these terms, conditions, limitations and any written agreement. If you do not agree with these terms and conditions, do not use the service and immediately cancel your subscription.
*IMPORTANT DISCLOSURE ABOUT AUTO-CHARGING
Please provide Pacific Park Financial, Inc. with a valid VISA, MasterCard, or Discover Card credit card account to ensure uninterrupted membership. An auto-charge will be applied to this account quarterly, semi-annually, or annually (based on your subscription type) until you request otherwise. You may cancel at any time by following the instructions listed in the FAQ section of ETF Risk Alert For Financial Professionals.
1.0 Definitions
Applicant: Any entity or individual who applies for Pacific Park Financial, Inc.’s Risk Alert For Financial Professionals subscription plan.
Authorized User: A paid subscriber that is an individual.
Company: Pacific Park Financial, Inc. d/b/a ETFexpert.com and any subsidiaries.
Customer: An individual subscribed to the Pacific Park Financial, Inc.’s ETF Risk Alert For Financial Professionals services who thereby assumes responsibility for the payment of charges and compliance with these terms and conditions.
Service(s): Any or all services provided by Pacific Park Financial, Inc. pursuant to this guide of terms and conditions.
2.0 Copyright and Trademark Notice
This Service is the property of Pacific Park Financial, Inc. and may only be displayed, formatted and printed for your personal, non-commercial use. All other copyrights and service marks referred to are those of their respective owners.
Pacific Park Financial, Inc., ETFexpert.com, ETF Risk Alert For Financial Professionals or any related product or service cannot be used without written permission for any reason whatsoever. Pacific Park Financial, Inc. is the owner of all intellectual property, including the content produced on its Websites. These ownership rights extend to even those unknown or unrealized by current laws. Any graphics, titles, layout, information, email newsletters, training courses, manner of doing business, etc. contained on the website is fully protected by copyright and trademark law.
WARNING: Unauthorized use or a violation of these terms will result in severe consequences for perpetrators and prosecution to the fullest extent of the law.
3.0 Limitations of Service
(a) Pacific Park Financial, Inc. reserves the right to discontinue or limit service when necessitated by conditions beyond its control or when service is used in violation of these terms and conditions.
(b) Pacific Park Financial, Inc. reserves the right to refuse credit cards when authorization cannot be validated.
(c) Pacific Park Financial, Inc. reserves the right to impose requirements, as required, to meet changing regulatory rules and standards.
(d) Pacific Park Financial, Inc. reserves the right to add, change, or delete services at any time.
(e) Pacific Park Financial, Inc. shall not be held liable for errors in data transmission, cyber-terrorism or theft, server or Website outages, or failure to establish connections.
(f) Pacific Park Financial, Inc. may rely on third parties to provide a portion of service. Selection of third party vendors is at the sole discretion of Pacific Park Financial, Inc. and the company reserves the right to change vendors at any time.
(g) Pacific Park Financial, Inc. is a data provider of portfolio information and does not make buy/sell recommendations of exchange-traded funds, ETF portfolios or securities of any kind.
(h) Pacific Park Financial, Inc. is not acting as a broker/dealer or investment advisor to subscribing customers and subscription fees do not constitute a management fee or fee for advice.
(i) It is the sole responsibility of subscribers to self-determine their own risk tolerance and suitability of Pacific Park Financial, Inc.’s ETF Risk Alert For Financial Professionals.
(j) It is the sole responsibility of subscribers to manage their own portfolio as Pacific Park Financial, Inc. does not manage subscriber portfolios as part of this service agreement.
(k) Pacific Park Financial, Inc. does not make any warranties or representations about the safety or suitability of its ETF Risk Alert For Financial Professionals subscription services.
(l) Pacific Park Financial, Inc. shall not be held liable for any losses due to portfolio or market performance or buy/sell transactions that subscribers make.
(m) Pacific Park Financial, Inc. reserves the right to terminate the service of nonpaying subscribers or subscribers that abuse or violate these terms and conditions.
(n) Subscribers assume both the cost and risk of any investing or the trading they decide to undertake.
(o) Pacific Park Financial, Inc. shall not be held liable for any absence of material on its Website or for data calculation errors.
(p) Pacific Park Financial, Inc. does not make any guarantees, warranties or representations about the performance of its ETF Risk Alert For Financial Professionals service or that subscribers are likely to achieve profits or losses. Past performance does not indicate or guarantee future results.
(q) Pacific Park Financial, Inc. ETF Risk Alert For Financial Professionals service does not constitute a solicitation of investment services, advice or a solicitation to buy/sell ETFs or other securities.
(r) Read the prospectus for information on investment objectives, risks, charges, expenses, and other important data prior to making any investment decision.
Pacific Park Financial, Inc. encourages subscribers to use educational resources provided by the Securities and Exchange Commission (SEC) www.sec.gov and the National Association of Securities Dealers www.nasd.com
4.0 Code of Conduct
Customer agrees not to reproduce, distribute, sell, publish, broadcast, or circulate any information, research, charts, website pages or drawings received from Pacific Park, Financial, Inc. to anyone without the prior written consent of Pacific Park Financial, Inc. You may not post any content from this website, our newsletter, e-mail alerts, message boards, reports, and all other content offered herein to news groups, mail lists or electronic bulletin boards, or to other individual(s) or parties without prior written consent. Subscriptions are provided on an individual basis. No pass code sharing is allowed. The subscription website is monitored closely to watch for any unauthorized use. At anytime, Pacific Park Financial, Inc. may cancel the membership, with or without cause, or notification if a violation of this agreement is suspected and no refund will be given.
While visiting the Website, you agree not to: Restrict or inhibit any other visitor or member from using any product or service, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of the ETFexpert.com Website; Use any product or service for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit
(a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights;
(b) any material, non-public information about companies without the authorization to do so;
(c) any trade secret of any third party; or
(d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted); Engage in spamming; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of Pacific Park Financial, Inc., ETFexpert.com, Mypacificpark.com or the ETF Risk Alert For Financial Professionals service; Remove any copyright, trademark, or other proprietary rights notices contained at ETFexpert.com, Mypacificpark.com or the ETF Risk Alert For Financial Professionals service; “Frame” or “mirror” any part of the ETFexpert.com, Mypacificpark.com or the ETF Risk Alert For Financial Professionals service without prior written authorization; Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of any product or service or its contents; Harvest or collect information about visitors to or members of ETFexpert.com, Mypacificpark.com or the ETF Risk Alert For Financial Professionals service without their express consent; or Permit anyone without an account or subscription to use any product or service through your subscription, user name or password.
5.0 Assignment or Transfer
Pacific Park Financial, Inc. controls all services provided under these terms and conditions and the customer may not transfer or assign the use of services.
6.0 Changes to Rates, Services, Terms and Conditions
Pacific Park Financial, Inc. reserves the right to modify its subscription fees and services at any time, as well as the terms and conditions under which they apply.
7.0 Cancellation of Subscription
Applicant may cancel their subscription at any given time by following the steps outlined in the FAQ section of ETF Risk Alert For Financial Professionals service. Upon cancellation the authorized user will NOT receive a pro-rated refund based on the unused portion of the subscription. PLEASE NOTE THAT UNSUBSCRIBING FROM ANY OF Pacific Park Financial, Inc.’s E-MAIL COMMUNICATION (free newsletter or e-mail updates) DOES NOT CONSTITUTE A CANCELLATION, it merely removes the e-mail address from the database.
8.0 Disclaimer of Warranties & Other Disclosures
Except as these terms and conditions state, Pacific Park Financial, Inc. and its affiliates expressly make no express or implied warranties about its services and disclaims the implied warranties of title, merchantability, or fitness for a particular purpose. Pacific Park Financial, Inc. does not authorize anyone to make a warranty on Pacific Park Financial, Inc.’s behalf and subscriber may not rely on any statement of warranty as coming from ETFexpert.com or its affiliates.
At any given moment, ETFexpert’s Editor, contributors, and owners may or may not have positions in specific exchange-traded funds mentioned in the subscription service.
9.0 Force Majeure
Pacific Park Financial, Inc. shall not be held liable for any failure of performance hereunder, if such failure is due to any cause or causes beyond Pacific Park Financial, Inc.’s reasonable control. Such causes shall include, without limitation, acts of God, fire, explosion, vandalism, terrorism, natural disaster, cybertheft, or other similar occurrence, or any law, order, regulation, direction, action, or request by the U.S. or other government, civil, or military authority, national emergencies, insurrections, riots, wars, labor strife, or supplier failures. Pacific Park Financial, Inc. will be excused from performance during the period of such interference, provided that Pacific Park Financial, Inc. uses all reasonable efforts available to avoid such event. If delaying of service occurs for more than 45 business days, customer or Pacific Park Financial, Inc. may terminate the affected service. This section shall not operate to excuse the payment of money.
10.0 Indemnification; Governing Law; Jurisdiction:
You agree to defend, indemnify, and hold us, our employees, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, expenses (including attorneys fees), in connection with or arising from your breach of this Agreement.
This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. As an implied condition of use of the services provided, Pacific Park Financial, Inc. has the sole right to choose the proper forum and/or jurisdiction for any proceeding and may, at its own option, require each party to submit to alternative forms of dispute resolution such as determined necessary and/or desirable by the company.
YOU AGREE THAT IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS LEGAL AGREEMENT, THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PACIFIC PARK FINANICAL, INC. FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SUBSCRIPTION SERVICES OR ANY SERVICE OFFERED BY THE ETFexpert.com WEBSITE.
BY SUBSCRIBING TO THIS SERVICE, USER AGREES THAT NO FIDUCIARY RELATIONSHIP IS CREATED BETWEEN USER AND PACIFIC PARK FINANCIAL, INC.
