This agreement ("Terms of Use") is a legally binding contract between PlanMember Financial Corporation and
its subsidiaries (collectively, "PlanMember", "We", "Us" or "Our") and you ("You" or "Your"). These Terms of
Use govern Your use of this website, and the websites owned and operated by PlanMember (collectively, the
"Sites") or from any site from which you access these Terms Of Use. These Sites provide you with certain
information regarding the information about the services and products offered through PlanMember ("the
Services"). PlanMember requires that all
The Sites are only available to those individuals or entities of legal age that are entitled to enter into
legally binding agreements.
PlanMember reserves the right to revise these Terms of Use in its sole discretion at any time without
notice. Therefore, it is your responsibility to carefully review the Terms of Use and Sites prior to each
use of the Sites. If you continue to use the Sites or any of the Sites you agree to be bound by any such
changes to the Terms of Use
BY USING THE SITES, YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE DO NOT
ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY OF THE SITES. YOUR ACCESS AND USE OF ANY OF THE SITES
CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW. THEREFORE, PLEASE REVIEW
THESE TERMS OF USE CAREFULLY.
All of the content on the Sites is owned by PlanMember, unless expressly stated otherwise, and is protected
by copyright, service mark, trademark, trade dress, trade secret, unfair competition and other intellectual
property and applicable laws.
The content includes, but is not limited to, the text, designs, images, illustrations, graphic material,
photographs, designs of the "look and feel" layouts, user interfaces, visual interfaces, audio clips, video
clips, artwork, goods, or other copyrightable elements of the materials on the Sites, and the selection and
arrangement of materials on the Sites (collectively, "the Content"). PlanMember owns, except as expressly
stated, without limitation all service marks, trademarks, trade names, slogans, designs, and trade dress
("collectively, the "Service Marks"). Numerous Service Marks are federally registered.
All of the Service Marks on the Sites are protected by copyright, service mark, trademark, trade dress,
trade secret, unfair competition and other intellectual property and applicable laws. The following
servicemarks or trademarks associated with the PlanMember Services® Program are owned by PlanMember and that
these service marks or trademarks constitute valuable intellectual property and proprietary assets.
PLANMEMBER
PlanMember Services℠
PlanMember Services Circle logo:
Planning your future... today℠
PLANMEMBER FINANCIAL CORPORATION
PLANMEMBER SECURITIES CORPORATION
PSC INSURANCE MARKETING CORPORATION
PlanMember℠ Financial Center
Partnership for Success℠Plan and Savings Analysis
Scarborough Alliance Group
Retirement Academy
PlanMember Advisor
PlanMember Strategist
PlanMember Preference
PlanMember Select
PlanMember Insurance
PLANMEMBER DIRECT
PLANMEMBER INVESTMENT AND SAVINGS PROGRAM
PLANMEMBER SERVICES 403(b) AND 457(b) SAVINGS PROGRAM
PLANMEMBER RETIREMENT INCOME PROGRAM
PLANMEMBER EDUCATIONAL SERVICES
PlanMember Online℠
OPTIFUND℠
PERSONAL RETIREMENT CALCULATOR and PRC
ONLINE RETIREMENT PLAN REVIEW and ORPR
PERSONALIZED RETIREMENT INCOME ANALYSIS and PRIA
MemberMinds
The future favors the prepared mind
If you have accessed the Sites, PlanMember grants You a limited, personal, non-exclusive, nontransferable,
revocable license that can not be sublicensed to download files, print or copy information from the Sites
only for your personal non-commercial use unless you and PlanMember have expressly agreed otherwise in
writing prior to Your use.
You agree that other than the rights to access the Sites, view the Content, Services, and Service Marks, to
download files, print or copy information from the Sites only for your personal non-commercial use, that
under the Terms and Conditions set forth herein that you acquire no ownership, title, rights or interest of
any kind in or to the Sites or any part of the Content, Services and/or Service Marks displayed on the Sites
which remain the property of PlanMember except as expressly stated.
Except for the purposes expressly provide herein, You agree that you will not copy, reproduce, modify,
upload, create derivate works from, republish, display, transmit, post, display, perform, license,
disseminate, broadcast, e-mail or disseminate by other electronic means, publish, republish, license, frame,
distribute or circulate in any way the Content, Services, or Service Marks to any third party including,
without limitation, the display and distribution of the Content, Services, or Service Marks via a third
party web site, or otherwise distribute, in any other way for commercial or public purposes in whole or in
part any of the Content, Services, or Service Marks except for the purposes expressly provided herein,
without our express prior written consent.
You agree that you will not remove any Service Mark, copyright or other notice from the Sites unless
PlanMember and You have expressly agreed otherwise in writing prior to Your doing so.
Any right to use the Sites will terminate automatically without any notice to You if you breach any of the
Terms of Use. In our sole discretion, We can also terminate this agreement without providing any notice to
You. If this agreement is terminated, You agree to destroy all downloaded and/or printed materials
immediately.
Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution
under applicable federal and state laws.
All rights not expressly granted herein to You by PlanMember are reserved by PlanMember and/or its Licensor.
PlanMember may at any time without prior notification, implement changes or make improvements or
modification to the Content, Services and/or Service Marks on its Sites. These changes are effectively
immediately upon publishing and Your continued use of the Sites implies that You accept the published
changes.
The Sites may contain links to non-PlanMember Sites (collectively, "Linked Websites"). These Linked Websites
are offered as a convenience only and are accessed at the risk of the user. Information contained on these
Linked Websites, while deemed reliable, are not guaranteed by PlanMember for their accuracy, sequence,
timeliness, or completeness. PlanMember makes no warranties with respect to results obtained from their use
and accepts no responsibility for the Linked Websites. Further, PlanMember offers no endorsement of
third-party services, goods, or information expressed or implied by any information, content or material on
any third-party website and takes no responsibility for the privacy practices of third-party websites. If
third-party websites are accessed through third-party links on the Sites, the Terms of Use herein will apply
to the Linked Websites.
You must use a password to access certain PlanMember Sites or portion(s) thereof. You agree that, in
registering, all the information you submit will be accurate and, when appropriate, you must promptly update
all information. We will have the right to terminate your access to the Sites if all the information is not
accurate or current or you have allowed unauthorized use. The password-protected portion(s) of the Sites may
only be accessed and used by those individuals or entities registered with PlanMember.
You also agree that if it comes to your attention that there has been any unauthorized access to Your
Password Account, you will immediately advise PlanMember of such unauthorized access.
THE SITES, SERVICES, AND CONTENT CONTAINED ON THE SITES OR DOWNLOADABLE THEREFROM ARE PROVIDED ON AN "AS
IS", "AS AVAILABLE" AND "WHERE IS" BASIS. ALTHOUGH PLANMEMBER MAKES EVERY EFFORT TO PROVIDE ACCURATE AND
TIMELY INFORMATION ON ITS SITES, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURANCIES AND
TYPOGRAPHICAL ERRORS. PLANMEMBER RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS TO ITS SITES AT ANY TIME
AND WITHOUT NOTICE. PLANMEMBER MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES OF ANY KIND EXPRESS OR
IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, STATUTORY
WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
TITLE, ACCURACY, COMPLETENESS, THAT THE CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS, TIMELINESS ON THE
CONTENT AND SERVICES, QUIET ENJOYMENT, THAT THE CONTENT AND SERVICES ON THE SITES SHALL BE UNINTERRUPTED OR
ERROR FREE OR THAT THE SITES OR SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM PLANMEMBER OR THROUGH THE SITES, CONTENT AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
YOU SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR
INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITES THROUGH THE
SERVICES, CONTENT OR ANY USE OF SAME BY YOU.
YOU ASSUME THE ENTIRE RISK OF THE USE OF THE SITES, THE CONTENT, THE SERVICES AND USE OF THE SERVICE MARKS
PROVIDED THEREIN.
IN NO EVENT WILL PLANMEMBER OR ITS EMPLOYEES OR AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY DAMAGES
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR NEGLIGENCE DIRECT OR INDIRECT, SPECIAL,
EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SITES OR
USE THEREOF OR INABILITY TO USE THEREOF BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR SYSTEM FAILURE EVEN IF
PLANMEMBER OR ITS EMPLOYEES OR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU AGREE THAT YOU WILL ASSUME ALL THE COSTS IF THE USE OF THE SITES RESULTS IN THE NEED FOR THE
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA. IN NO EVENT SHALL PLANMEMBER'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO PLANMEMBER, IF ANY, FOR
ACCESSING THE SITES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, hold harmless and release PlanMember and its respective employees, officers,
directors, stockholders, agents, licensor and their respective successors and assigns, from and against any
and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related
to Your use or misuse of the Content, Services, and /or Service Marks contained on its Sites or provided
thereby, including, but not limited to, information from third-party web sites linked to the Sites.
In the event that any disputes, claims or controversies arise out of or are related to the Terms of Use, an
Officer or Director of the parties or We or You who have complete authority to enter into a resolution of
the dispute shall meet within ten (10) days of written notice of the dispute to seek a good faith resolution
of the dispute in Santa Barbara County, California. If a resolution cannot be reached by the parties, then
the parties agree to non- binding mediation with a third party mediator to be selected within ten (10) days
after the prior meeting between the parties. The mediation shall be conducted in Santa Barbara County,
California. No discovery or written briefs shall be required for such mediation. Anything said in the
meeting or mediation is inadmissible in any further proceeding. If the parties are still unable to reach a
resolution following mediation, then We and You agree to binding arbitration as the sole and exclusive
remedy for a claim of such breach. The arbitration shall not take more than two (2) days. The arbitration
shall take place in Santa Barbara County, California in accordance with the commercial arbitration rules of
the American Arbitration Association then in effect at the time of any controversy or claim. Judgment upon
the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
We and You shall each pick an arbitrator from a list provided by the American Arbitration Association that
is mutually satisfactory to them. If We and You are unable to agree on an arbitrator The two arbitrators so
selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the
American Arbitration Association. The single arbitrator so selected by the aforesaid procedure shall hear
the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. The
party(ies) who do(es) not prevail shall bear any and all legal, accounting and other costs and expenses
incurred by the prevailing party.
Any legal action or proceeding of any disputes or controversies between the parties arising out of these
Terms of Use, or the Sites, will be governed by California law without regard to its conflict of law
principles.
Any and all litigation in connection with any dispute arising under and in connection with these Terms of
Use or the Sites shall be filed and litigated in a federal or state court in the County Of Santa Barbara,
California. By accessing the Sites the parties consent to personal jurisdiction and venue in the County Of
Santa Barbara, in the State Of California.
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction
to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect
and shall in no way be affected, impaired or invalidated.
Waiver of any breach of these Terms of Use by We or You shall not be a waiver of any other breach of these
Terms of Use.
This agreement embodies the entire Terms of Use agreement between We and You. However, If you have any
existing agreement with PlanMember participants, these Terms of Use supplement such agreements. If by
accessing the Sites You must agree to Additional Terms, such Additional Terms and the Terms of Use shall
apply equally. In the event that this is an irreconcilable difference between the Terms of Use and
Additional Terms, the Additional Terms shall apply.
PlanMember products and services are available to U.S. residents only. Representatives must be registered in
the state in order to offer investments to its residents.
The tax-deferral benefit offered by annuities provides no additional tax benefit if they are held in
tax-qualified accounts such as IRA, 403(b), 457, or 401(k). Special rules governing annuities issued in
connection with a tax-qualified retirement plan restrict the amount that can be contributed to the contract
during any year.
Before investing, carefully read the prospectus(es) or summary prospectus(es) which contain information
about investment objectives, risks, charges, expenses and other information all of which should be carefully
considered. For current prospectus(es) call (800) 874-6910. Investing involves risk. The investment return
and principal value will fluctuate and, when redeemed, the investment may be worth more or less than the
original purchase price.
Asset allocation cannot guarantee a profit or ensure against loss.
Investors should carefully consider a variable annuity's risks, charges, limitations and expenses, as well
as the risks, charges, expenses and investment objectives of the underlying investment options. Other
information about variable annuities is provided in the product and underlying fund prospectus(es). For
current prospectus(es), call (800) 874-6910.
Withdrawals from annuities, including partial withdrawals and surrenders, may be taxable. If you take a
taxable withdrawal before age 59½, you may have to pay a 10% penalty to the IRS on the amount of gain in
your contract, in addition to your normal income taxes.
The tax-deferral benefit offered by annuities provides no additional tax benefit if they are held in
tax-qualified accounts such as IRA, 403(b) or 401(k). Special rules governing annuities issued in connection
with a tax-qualified retirement plan restrict the amount that can be contributed to the contract during any
year.Investment AdvisorThe use of an investment advisor does not guarantee a profit or ensure against loss.
Asset allocation cannot guarantee a profit or ensure against loss.
Guarantees and benefits are subject to the claim-paying ability of the underlying insurance company.
Representatives registered with PlanMember Securities Corporation offer only securities and advisory
services through PlanMember Securities Corporation, a registered broker/dealer, investment advisor and
member FINRA/SIPC, 6187 Carpinteria Ave, Carpinteria, CA 93013 (800) 874-6910. PlanMember Securities
Corporation and ancillary or third-party product providers included on our Sites are independently owned and
operated. PlanMember is not responsible or liable for ancillary products or services offered by third-party
or ancillary product providers.
The tax-deferral benefit offered by annuities provides no additional tax benefit if they are held in
tax-qualified accounts such as IRA, 403(b), 457, or 401(k). Special rules governing annuities issued in
connection with a tax-qualified retirement plan restrict the amount that can be contributed to the contract
during any year.
Before investing, carefully read the prospectus(es) or summary prospectus(es) which contain information
about investment objectives, risks, charges, expenses and other information all of which should be carefully
considered. For current prospectus(es) call (800) 874-6910. Investing involves risk. The investment return
and principal value will fluctuate and, when redeemed, the investment may be worth more or less than the
original purchase price.
Asset allocation cannot guarantee a profit or ensure against loss.
Representatives are registered with and securities products and advisory services are offered
through PlanMember Securities Corporation, a registered broker/dealer, investment advisor and
member of FINRA and SIPC.
PlanMember Securities Corporation
6187 Carpinteria Ave.
Carpinteria, California 93013
(800) 874-6910
Please see disclosures below.