Updated: June 23, 2016
Your Privacy is Important to Us
Using Our Website
1. User’s Acknowledgment and Acceptance of Terms
2. Description of Services
The Website is a place where you can learn about transferring your brokerage account, getting a second opinion on an investment account and obtain a free guidebook on both subjects (“Guidebook”). You understand and agree that if you submit a request for a Guidebook, FMA will share the personal information that you provided to FMA, including but not limited to your full name, address, email address, telephone number, and portfolio value, and other information you provide (“Visitor-Reported Information”) with our clients, including Registered Investment Advisors and Certified Financial Planners (referred to individually as “Client” and collectively as “Clients”) to process and fulfill your request. You expressly authorize FMA to share with Clients on your behalf the Visitor-Reported Information, as reported by you, for the purpose of matching your request for a Guidebook with Clients. You acknowledge that FMA does not make financial advisory decisions in connection with the Service and that FMA is not a party to any agreement that you may make with the Client, and that the Client is solely responsible for its services to you. You further acknowledge that FMA is not acting as your agent or broker and is not recommending any particular advisory product, service or Client to you. Any compensation FMA may receive is paid by the individual Client for the products and services rendered by FMA to that particular Client. FMA does not charge you a fee to use the Website. You understand that requirements for a particular advisory product or service are made by the individual Clients and that FMA does not endorse, warrant, or guarantee the products or services of any Client. You agree that FMA shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the Client’s service.
It is not the intention of FMA to provide financial services or investment advice. You understand and agree that FMA is a service provider and that no advisor-client relationship whether between FMA and you or between Clients and you, will be created through your use of the Website. You acknowledge that it is possible that you may not be contacted by a Client. Through the Website, you may have the option to indicate that you would like to speak with an attorney. FMA may provide attorneys’ names and contact information to you solely for informational purposes but will not share your request with an attorney; therefore, you should not expect to be contacted by an attorney based on a request submitted to the Website. FMA does not endorse, warrant, or guarantee the products or services of any attorney. You understand and agree that FMA is a service provider and that no attorney-client relationship, whether between FMA and you or between attorneys whose names may be provided to you and you, will be created through your use of the Website. You acknowledge that it is possible that FMA will not provide attorneys’ names and contact information to you despite your request.
You understand and agree that the Visitor-Reported Information that you provide will be provided for informational purposes only. The information contained on this Website and in the Guidebook is for informational purposes only and should not be used as a substitute for competent advice from a qualified and licensed financial or legal professional. The information should not be considered complete or up to date, nor should it be relied on to suggest a course of action for a particular individual or investment portfolio. FMA does not recommend or endorse any specific course of action. You acknowledge that your reliance upon any information provided by FMA, our officers and directors, our employees and contractors, or our Affiliates, or others appearing on this Website or in the Guidebook is solely at your own risk. You should consult with a qualified and licensed professional for financial, investment, and/or legal advice and about your specific financial, investment and/or legal questions.
3. Data Privacy
By submitting your contact request for a Guidebook, you are consenting to be contacted by one or more Clients either by telephone, via email or mail, based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. You understand that the Clients may maintain the information you submitted to FMA whether you elect to use their services or not. In the event you no longer want to receive communications from a Client, you understand that FMA does not control Clients’ actions and you therefore understand and agree that it is your sole responsibility to notify the Client directly. You also give FMA permission to send you periodic updates of current Products which may be of interest to you. You may opt out of such commercial communications that come directly from FMA.
4. Conduct on FMA site
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives, or that is false or otherwise contains untrue or misleading information.
You are also prohibited from:
- using the Website and any of its services in a manner that violates any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international;
- except as otherwise provided herein, recreating, redisplaying, or otherwise duplicating, in whole or in part, the Website content and/or information;
- using the Website content and/or information for any commercial purpose;
- imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
- circumventing FMA’s technological or security protection mechanisms; or
- using a robot, spider, scraper, or other automated technology to access the Website.
You agree that we may at any time, and at our sole discretion, suspend or block your access to the Website and/or related services, or terminate other affiliation with, or access to our Website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This Website may contain links to other third party sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties that are not controlled by FMA. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and third parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement or recommendation of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
6. Intellectual Property Information
Copyright © June 16, 2016 The Goff Financial Group. All Rights Reserved.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
7. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Website believes its copyright have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
- The location of the copyrighted work on the Website.
- Information reasonably sufficient to permit us to contact you (email address is preferred).
- The following statement, under penalty of perjury: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- The following statement, under penalty of perjury: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
- Identification of the specific materials that have been removed from the Website.
- Information reasonably sufficient to permit us to contact you (email address is preferred).
- The following statement, under penalty of perjury: “I have a good faith belief that the content was removed as a result of mistake or misidentification.”
- A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the United States, that you consent to the jurisdiction of the federal courts located in Georgia.
- A statement that you will accept service of process from the notifying party.
- Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications must be made in writing to:
The Goff Financial Group
11 Greenway Plaza, Suite 1425
Houston, Texas 77046
with a copy sent by email to: email@example.com.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our FMA site without liability to you or any other party.
If you believe that other of your intellectual property rights, including trademark or other proprietary rights, have been violated by a posting on this Website, you may send notification to:
The Goff Financial Group
11 Greenway Plaza, Suite 1425
Houston, Texas 77046
with a copy sent by email to: firstname.lastname@example.org.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY FMA OR ANY OF OUR AFFILIATES.
Not a Registered Investment Adviser, Financial Planner, Broker or Tax Advisor.
WE DO NOT PROVIDE LEGAL, TAX OR FINANCIAL ADVICE, NOR ARE WE FINANCIAL PLANNERS, BROKERS OR TAX ADVISORS. YOUR PERSONAL FINANCIAL SITUATION IS UNIQUE, AND ANY INFORMATION YOU OBTAIN FROM OUR WEBSITE OR GUIDEBOOK MAY NOT BE APPROPRIATE FOR YOUR SITUATION. ACCORDINGLY, BEFORE MAKING ANY FINAL DECISIONS OR IMPLEMENTING ANY FINANCIAL OR LEGAL STRATEGY, YOU SHOULD OBTAIN ADVICE FROM YOUR ACCOUNTANT OR OTHER FINANCIAL ADVISERS AND/OR LAWYER WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ANY BROKER, TAX ADVISOR, FINANCIAL PLANNER, ATTORNEY, FINANCIAL ADVISOR, OR OTHER PROFESSIONAL, WHETHER OR NOT ANY SUCH PERSON IS IDENTIFIED OR CONTRIBUTES INFORMATION ON OUR WEBSITE.
WE HAVE CREATED AND COMPILED THE CONTENT ON OUR WEBSITES FOR YOUR INFORMATION AND USE. THIS INFORMATION IS NOT INTENDED TO REPLACE OR MODIFY THE ADVICE OF YOUR FINANCIAL ADVISORS. PLEASE ALWAYS CONSULT WITH COMPETENT AND LICENSED FINANCIAL ADVISORS ABOUT YOUR PARTICULAR SITUATION. PLEASE REMEMBER THAT THE CONTENT ON OUR WEBSITE MUST BE CONSIDERED AS AN INFORMATIONAL/EDUCATIONAL SERVICE ONLY AND IS NOT DESIGNED TO REPLACE PROFESSIONAL ADVICE. THE INFORMATION PROVIDED DOES NOT CREATE OR REPLACE THE RELATIONSHIPS THAT EXIST BETWEEN YOU AND YOUR ADVISORS.
Content available through this Website often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized The Goff Financial Group spokesperson speaking in his/her official capacity.
You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY THIRD PARTY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH WEBFMA SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
BECAUSE YOU DO NOT PAY FOR USE OF THE WEBSITE, YOU UNDERSTAND AND AGREE THAT FMA WILL NOT BE HELD LIABLE TO YOU FOR ANY AMOUNT UNDER ANY CIRCUMSTANCES AND THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. International Use
Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
12. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately suspend or block your access to the Website. We shall not be liable to you or any third party for any claims or damages arising out of any suspension or block of access or any other actions taken by us in connection with such suspension or block of access.
13. Governing Law
This Website (excluding any linked sites) is controlled by us from our offices within the State of Georgia, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Georgia, by accessing this Website both you and FMA agree that the statutes and laws of the State of Georgia, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of products and services available through this Website. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any federal or state court of competent jurisdiction within the State of Georgia with respect to such matters.
Notices to us must be sent to the attention of Customer Service at The Goff Financial Group 11 Greenway Plaza, Suite 1425, Houston, Texas 77046. Notices to you may be sent to the address supplied by you as part of your Visitor-Reported Information. In addition, we may post notices or messages through the Website, and by supplying your email address, you agree that we may also email you to inform you of changes to the Website or other matters of importance, and such notices shall constitute notice to you at the time of sending.
15. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Website, or use of or access to this Website.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
17. Contact Information
Except as explicitly noted on this Website, the services available through this Website are offered by The Goff Financial Group. FireMyAdvisor.com is owned by The Goff Financial Group 11 Greenway Plaza, Suite 1425, Houston, Texas 77046.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.