PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. 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, TO BE USED BY YOU FOR INFORMATIONAL PURPOSES ONLY. Nothing contained in our web site constitutes investment advice and it should not be used as the basis of any investment decision. Decisions made by you based on information contained in our web site are your sole responsibility. You agree to hold Personal Fund, Inc. harmless against any claims for damages, losses and expenses arising from any decisions that you make based on such information.
YOU MUST 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 must 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.
Data on future fund performance and tax bracket information are as entered by you. We can not 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 web site 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, Inc. nor any party involved in creating, producing or delivering this web site 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.
Trademarks, Copyrights and Restrictions on Use of Materials
All trademarks, services marks, trade names, logos, and icons on our web site are proprietary to Personal Fund, Inc. (except those of third parties used with permission by us). Nothing contained on our web site should be construed as granting any license or right to use any trademark displayed on the web site without our written permission or that of any such third party that may own the trademarks displayed on our web site. Your use of the trademarks displayed on our web site, or any other content on our web site, except as provided herein, is strictly prohibited.
Images displayed on the web site are either the property of or used with permission by Personal Fund, Inc. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any 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 web site or any other web sites 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 materials displayed on our web site provided you also retain all copyright and other proprietary notices respecting the materials, and maintain those materials in the strictest confidence. You may not distribute, modify, transmit, reuse, re-post or use the content of our web site (including the text, images, audio, and video) for public or commercial purposes without our express prior written authorization.
No material, pages, text, images or other content from our web site 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 web site for any other purpose. Doing so violates our copyrights and other proprietary rights.
Hyperlinks and Third-Party Content
Some of the web sites accessible through our web site are not under our control. We make no representations concerning the content of those web sites. The fact that we have provided a link to a particular web site is not our endorsement, authorization, sponsorship, or affiliation with such web site, its owners or its providers/transmitters. We are providing links to these web sites only as a convenience to you. We have not tested any information, software, or products found on these web sites and therefore cannot make any representations about them. We likewise are not responsible for any third-party content or data that appear on this web site.
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, Inc. 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.
Disclaimer of Warranty
We do not warrant, represent, or guarantee in any way that the information, text, graphics, links or other items contained on our web site are correct, accurate or reliable. We are providing these materials on an "as is" and an "as available" basis, without any warranties as to merchantability or fitness for a particular purpose or use or with respect to the results which may be obtained from the use of such materials, or any other warranties whatsoever. Reference to a fund or security anywhere on this web site is not a recommendation to buy, sell or hold that or any other security. We expressly disclaim all liability for errors and omissions in the materials contained on our web site and for the use or interpretation by others of information contained on our web site. You agree that use of our web site is at your own risk. You (and not Personal Fund, Inc.) assume the entire cost of all necessary servicing, repair or correction of your property or operations as a result of using this web site. You accept at your own risk that the Internet and online communications medium may not perform as intended despite the efforts of Personal Fund, Inc., your Internet service provider and you. We reserve the right to make changes and corrections on our web site at any time without prior notice, and make no commitment to update the information on our web site. We reserve the right to terminate all or any portion of our web site, and to deny anyone access to our web site, at any time without prior notice. We reserve the right to change the terms of this agreement at any time. By using our Web site you agree to any changes. WE ALSO RESERVE THE RIGHT TO CHARGE A FEE FOR ACCESS TO THIS WEB SITE IN THE FUTURE. We neither warrant nor represent that your use of materials displayed on our web site will not infringe rights of third parties not owned by or affiliated with us.
We do not warrant that the functions contained in the materials on our web site 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
Under no circumstances, including but not limited to, negligence, will Personal Fund, Inc. or any party involved in creating, producing or delivering this web site be liable for any direct, incidental, consequential, indirect, or punitive damages, losses, costs, or expenses that result from the use of, or the inability to use, the materials on the web site, even if Personal Fund, Inc. 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, Inc.s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the web site.
Personal Fund, Inc. 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 web site or your downloading of any materials, data, text, images, video or audio from our web site.
You agree to indemnify, defend and hold harmless Personal Fund, Inc. and the independent providers/transmitters of information respecting our web site, and their respective officers, employees, directors and partners, from and against (i) any inaccuracy, error, or delay in, or omissions of (a) any information or (b) the transmission or delivery of information; and (ii) any loss, damage, liability, cost, or expense arising from or occasioned by (a) any such inaccuracy, error, delay or omission, (b) non-performance, (c) theft of or unauthorized access by unaffiliated third-parties to information provided to us by you, and (d) interruption of information due either to any act or omission by Personal Fund, Inc. or the independent providers/transmitters of information or to any "force majeure" (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 Personal Fund, Inc. or such providers/transmitters.
Jurisdictional Issues and Applicable Law; Costs of Enforcement
Unless otherwise specified, we control and operate our web site from our offices within the State of California. We do not claim that materials in our web site are appropriate or available for use in locations other than the State of California. If you choose to access our web site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
Software, if any, from our web site 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.
California state law governs 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 the Superior Court of the County of San Francisco, California, or the United States District Court for the Northern District of California, 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.
Termination of the Web Site
We may block access to your use of our web site without prior notice in the event we elect to discontinue such service on a temporary or permanent basis or in the event that you breach this Agreement. Upon termination, you agree to destroy all materials obtained from our web site and all copies of those materials, whether or not they were made under the terms contained in this Agreement.
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, Inc.
Integration and Severability
If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination will not affect the validity of the remaining provisions of this Agreement.
The preceding terms and conditions of use represent the entire agreement
between Personal Fund, Inc. and you relating to the subject matter herein.