PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS OF USE ARE YOUR “AGREEMENT” WITH USEFUL WORK, INC., DBA PERSONAL FUND (“PERSONALFUND“).BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
Manner of Use
THE INFORMATION ON OUR WEB SITE IS PROVIDED AS A CONVENIENCE TO YOU, FOR INFORMATIONAL PURPOSES ONLY. Nothing contained in our website constitutes investment advice and it should not be used as the basis for any investment decision. Decisions made by you based on information contained in our website are your sole responsibility. You agree to hold Personal Fund harmless against any claims for damages, losses and expenses arising from any decisions that you make based on such information.
YOU UNDERSTAND THAT COSTS CALCULATED BY THE PERSONAL FUND MUTUAL FUND COST CALCULATOR ARE NOT GUARANTEES OF FUTURE COSTS, BUT ONLY REASONABLE ESTIMATES BASED UPON INFORMATION YOU SUPPLY AND EXPENSE INFORMATION DISCLOSED BY MUTUAL FUNDS. Since past costs are not always an accurate predictor of future costs, you understand that the Personal Fund Mutual Fund Cost Calculator is only a tool to be used in making investment decisions and not a substitute for your informed judgement.
Assumptions on future asset class performance and tax bracket information are as entered by you. We cannot and do not guarantee the future performance of your fund investments or promise any specific level of fund performance. The tax information provided in our website is not intended to be a complete representation of all applicable federal and state tax consequences of an investment in mutual funds. Neither Personal Fund nor any party involved in creating, producing or delivering this website has expressed any opinion respecting tax consequences resulting from an investment in mutual funds. Investors are advised to consult with their own tax advisers concerning the application of foreign, federal, state and local taxes to an investment in mutual funds.
Each account is issued to the person subscribing. The user may not share his or her account login information with any other person.
Trademarks, Copyrights and Restrictions on Use of Materials
All trademarks, services marks, trade names, logos, and icons on our website are proprietary to Personal Fund (except those of third parties used with permission by us). Nothing contained on our website grants any license or right to use any trademark displayed on the website without our written permission or the permission of any third party that may own the trademarks displayed on our website. Your use of the trademarks displayed on our website, or any other content on our website, except as provided herein, is strictly prohibited.
Images displayed on the website are either our property or are used with the permission of the owner. You may not use these images without written authority. Unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Except as otherwise permitted by us, no materials from our website or any other websites owned, operated, licensed or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed by you in any way. You may download content displayed on our website provided you also retain all copyright, identifying information and other proprietary notices respecting the content, and maintain the content in the strictest confidence. You may not distribute, modify, transmit, reuse, re-post or use the content of our website (for example text, images, audio, and video) for public or commercial purposes without our express prior written authorization. You may not share your login information with any other person.
No material, pages, text, images, audio or other content from our website may be redelivered using “framing” technology without our express written authorization, nor may you modify or use the pages, text, images or other content from our website for any other purpose. Doing so violates our proprietary rights and this agreement.
We may terminate your access to, and your use of, our website without prior notice in the event that you violate this Agreement. Upon termination, you agree to destroy all content obtained from our website and all copies of that content, whether or not they were made under the terms contained in this Agreement.
Hyperlinks and Third-Party Content
Some of the websites accessible through our website are not under our control. We make no representations concerning the content of those websites. The fact that we have provided a link to a particular website is not our endorsement, authorization, sponsorship, or affiliation with such website, its owners or its providers/transmitters. We are providing links to these websites only as a convenience to you. We have not tested any information, software, or products found on these websites and therefore cannot make any representations about them. We likewise are not responsible for any third-party content or data that appear on this website.
User Account, Password and Security
When you create your account you will provide your email address and password. You are responsible for maintaining the confidentiality of the password and account. You agree to immediately notify Personal Fund of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.
No Warranty
We do not warrant, represent, or guarantee in any way that the information, text, graphics, links or other items contained on our website are correct, accurate or reliable. We are providing this content on an “AS IS” and an “AS AVAILABLE” basis, without any warranties of any kind, express or implied, and we disclaim all warranties of merchantability or fitness for a particular purpose or for non-infringement. Use of our website and our content is at your own risk. We expressly disclaim all liability for errors and omissions in the content on our website and the use or interpretation by others of our content. We disclaim any warranty as to the results which may be obtained from the use of our content. Reference to a fund or security anywhere on this website is not a recommendation to buy, sell or hold that or any other security. You (and not Personal Fund) assume the entire cost of all necessary servicing, repair or correction of your property or operations as a result of using our website. You accept at your own risk that the Internet and online communications medium may not perform as intended despite the efforts of Personal Fund, your Internet service provider and you. We reserve the right to make changes and corrections on our website at any time without prior notice.
We do not warrant that the functions contained in the materials on our website will be uninterrupted or error-free, that defects will be corrected, or that this site or the servers that make it available are free from viruses or other harmful components.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERSONAL FUND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS IS SO WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY. This remains the case even if Personal Fund or an authorized representative has been advised of the possibility of such damages, losses, costs, or expenses. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will Personal Fund’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the website.
If you are a California resident, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, which says:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Explanation: Under section 1542, a general release, like the one you are agreeing to here, does not apply to cases in which
(1) a person does not know at the time of signing the release that he or she currently has a favorable claim they could make, and
(2) had he or she known it at the time, they might not have agreed to sign the release. YOU ARE AGREEING THAT THIS SECTION, EVEN IF YOU ARE A CALIFORNIA RESIDENT, DOES NOT APPLY TO YOU.
If you are a resident of some other state or jurisdiction, you waive any similar or comparable statute or doctrine that might be in effect there.
Personal Fund assumes no responsibility, and will not be liable, for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in our website or your downloading of any materials, data, text, images, video or audio from our website.
Indemnification
You agree to indemnify, defend and hold harmless Personal Fund respecting our website, and their respective officers, employees, directors and partners, from and against any claim (including the attorney fees and other costs to defend a claim) arising from your use of our website or a violation by you of these Terms of Use.
Excusable Delay
Neither party will be liable for a delay in performance resulting from a “Force Majeure Event” (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure or equipment or software malfunction, or any other cause beyond the reasonable control of the party). In any such case, the affected party will use commercially reasonable efforts to work around the Force Majeure Event and mitigate any impacts of any delay or failure in performance or interruption of performance. The party claiming excusable delay must promptly notify the other party of the delay. For avoidance of doubt, a Force Majeure Event does not relieve a party of a payment obligation that accrued before the Force Majeure Event.
Jurisdictional Issues and Applicable Law; Costs of Enforcement
Unless otherwise specified, we control and operate our website from our offices within the State of Washington. We do not claim that materials in our website are appropriate or available for use in locations other than the State of Washington. If you choose to access our website from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
Software, if any, from our website is further subject to United States export controls, and may not be downloaded or otherwise exported or re-exported outside the United States. By downloading or using the such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside the United States.
Washington state law and the law of the United States of America govern the terms of this Agreement. If you take legal action relating to any provisions of this Agreement, you agree to file such action only in state or federal courts located in King County Washington, and you consent and submit to the personal jurisdiction of those courts for purposes of litigating any such action.
If any party to this Agreement seeks to enforce his, her or its rights under this Agreement, whether by legal proceedings or otherwise, the non-prevailing party or parties in such proceedings shall pay all reasonable costs and expenses (including, without limitation, court costs and all reasonable attorneys’ fees) incurred by the prevailing party or parties in connection with such enforcement, unless otherwise determined by a court of competent jurisdiction.
Waiver
Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor will be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of Personal Fund.
General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or use of our service. Our performance under these Terms of Use is subject to existing laws and legal process. Nothing contained in these Terms of Use diminishes Personal Fund’s right to comply with governmental, court, and law enforcement requests or requirements relating either to your use of our service or to information supplied to us. If any part of these Terms of Use is determined to be invalid or unenforceable as a result of the above warranty disclaimers and liability limitations, — or as a result of any other legal requirements — then the invalid or unenforceable provision will be considered to have been replaced by whatever valid, enforceable provision most closely matches what the original provision was intending to accomplish. The remainder of these Terms of Use will continue in effect. We waive no right under the Terms of Use even if we fail to enforce or exercise it.
You may not assign to someone else any of your rights or obligations under these Terms of Use without our written consent. We may transfer our rights under the Terms of Use to someone else without your consent. Unless otherwise stated, we may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and notices sent to you through our website.
A version of these Terms of Use or of any notice sent in electronic form will be equally as admissible in legal proceedings relating to these Terms of Use as documents generated and maintained in paper form. All parties approve of these Terms of Use and all related documents having been written in English.
Updates and Amendments
We reserve the right to change these Terms of Use at any time. We will notify you when there is a material change to these Terms of Use and you will have an opportunity to discontinue the use of our service. By continuing to use our website, you agree to Terms of Use, as modified.