WEBSITE TERMS OF USE

Last updated: July 22, 2021

“Site” means and includes www.pfs-corp.net and any and all websites, interactive features, content, downloads, mobile applications (“Apps”), and other electronic services maintained by any of the Professional Financial Services family of companies.  The Professional Financial Services family of companies includes Professional Financial Services Corp. and all of its subsidiaries and affiliates.  By accessing and using the Site, you agree to be bound by the following terms and conditions our Privacy Notice,  our Website Privacy Policy,  and our Cookie Policy which may be modified by us from time to time and posted on the Site. “Professional Financial Services Corp.,” means Professional Financial Services Corp. and its affiliates, subsidiaries and related companies (collectively, “PFS”, “we”, “us” or “our”).

When we use the terms “you,” “your,” yours,” and similar terms, we mean the individual using the Site. If the individual using the Site is using it for himself or herself, or for the direct or indirect benefit of another individual or enterprise, the individual represents and warrants to us that he or she has the authority to bind the other individual or enterprise to these terms and conditions and the Privacy Notice,  the Website Privacy Policy, and the Cookie Policy.

Please review these terms and conditions carefully before using the Site. The Terms of Use do not apply offline and do not alter the terms of any other agreement that you may have with us.

By using, viewing, or otherwise utilizing the Site, the services or functions offered in or by the Site, and/or the contents of the Site in any way, you agree to each and all of the terms and conditions set forth below. If you do not agree with these terms and conditions, please immediately stop use of and leave the Site. The Site is intended for individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services or products offered by us are not available to minors. You must be at least eighteen (18) years of age or older to utilize the products sold by us. If you are not eighteen (18) years of age or older or are otherwise incapable of entering into a legally binding agreement, please immediately stop use of and leave the Site.

We may, at any time, in our sole discretion, modify, add, or remove all or portions of these terms and conditions without notice and, unless otherwise indicated, such changes will be effective immediately.    Please check these terms frequently for changes. Your continued use of the Site following any changes to these terms and conditions shall be deemed acceptance of any such changes. Please print and retain a copy of these terms and conditions for your records

PERSONAL AND NONCOMMERCIAL USE LIMITATION 

The Site is for your personal, noncommercial use. Other than as expressly permitted in the next sentence, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services found on, or obtained from, the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material on the Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site (“Device”), and print single hard copy portions of the material from the Site solely for your own internal, noncommercial, lawful use. You may not scrape, collect, or consolidate information from the Site by any automated or other means. We may prohibit you from participating in or utilizing the Site if, in our sole and absolute discretion, you show a disregard for the Terms of Use or act with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner.

USE OF THE SITE

The Site and the materials located on or through the Site are provided by us for informational purposes only.  We are not engaged in the rendering of legal or other professional advice or service by the provision of these materials. You agree to be financially and otherwise responsible for all of your use of the Site (including use of the Site by any other person to whom you supply your information). You also represent and warrant that all information supplied by you using the Site is true and accurate. If, for any reason, any portion of the Site is not capable of rendering its full functionality, including, but not limited to, because of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our reasonable control, we may (but need not), in our sole and absolute discretion, prohibit you or any person associated with you, from using the Site, and/or cancel, terminate, modify or suspend the Site or any portion thereof.

NO UNLAWFUL OR PROHIBITED USE

You agree that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

COPYRIGHT AND TRADEMARK NOTICES

We and our licensors own all right, title and interest in and to the Site.  We own all the text, content, graphics, interfaces, code and materials on the Site, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including, but not limited to, all intellectual property and proprietary rights on the Site. Your use of the Site does not grant to you ownership in or rights to of any of the foregoing. The Site is protected by copyright, and is our property.

No material from the Site or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express prior express written consent. All trademarks, service marks, trade names and trade dress and logos are owned by their respective owners or licensees. You may not use any of the trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information without our prior express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent.

SUBMISSIONS

We do not accept or consider creative ideas, suggestions, or materials unless we have specifically requested them. We employ a talented staff and consultants who may be working on the same or similar ideas. This policy is intended to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or consultants might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials of any kind. Any unsolicited submissions, including creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), that you send to us shall become our property. All rights in any Submissions will be and remain our property. Submissions are not subject to any obligation of confidentiality on our part and we are not liable for any use or disclosure of any Submissions. Without limitation, we exclusively own all now known or thereafter existing rights to the Submissions of every kind and nature throughout the universe and are entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

LINKS

The Site may contain links to other online resources owned or operated by third parties. Such links might appear on the Site as a banner advertisement, search result, icon, graphic, or other material. Such links usually connect you to the resources of advertisers, sponsors, suppliers, or similar third parties. Such third parties might use our logo(s) as part of a co-branding agreement. Such links are provided for your convenience only, and the inclusion of any such link does not express or imply endorsement by us of the linked resources or any association by us with the owners or operators of such resources. The linked resources are not under our control and we are not responsible for the availability, or the privacy and/or security practices, of such resources. These other resources might place cookies, web beacons, or other tracking mechanisms on users’ devices. These mechanisms might collect data, solicit personal information, or contain information that you may find inappropriate or offensive. We do not endorse, and are not responsible or liable for, any content, products, services, or other materials available on or through any linked resource, including, without limitation, any link contained in a linked resource. Please keep in mind that whenever you give out information online, that information can be collected and used by people that you do not know. We cannot guarantee the security of any information you disclose online. Such disclosures are made at your own risk.

PRIVACY POLICIES

Along with the Terms of Use, please read our Privacy Notice,  our Website Privacy Policy, and our Cookie Policy and refer to them before you submit any Personal Information to the Site. The Privacy Notice , Website Privacy Policy, and Cookie Policy are hereby incorporated and made part of the Terms of Use.

INTERNATIONAL USERS

The Site operates in the United States.  The Site and our products, services, materials, offers, and information appearing on the Site are intended for users located in the United States. We make no representations that the documents, pages, images, or other materials or content on the Site are appropriate or available for use in jurisdictions outside the United States. Your use of the Site is subject to the law of the United States. You may not use the Site if to do so would violate the law of a non-US jurisdiction from or through which you access the Site.

LIMITATION ON LIABILITY

YOUR DAMAGES ARISING OUT OF, OR RELATED TO, WITH ANY USE OF THE SITE, INABILITY TO USE THE SITE, RELIANCE UPON ANY INFORMATION AVAILABLE IN CONNECTION WITH THE SITE, OR ANY OTHER MATTER DESCRIBED IN THESE TERMS AND CONDITIONS OR IN THE PRIVACY POLICY WILL BE LIMITED AS FOLLOWS: WE ARE NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF THE SITE OR THE INFORMATION AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS APPLY (I) TO ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE), (II) REGARDLESS OF WHETHER WE WERE, OR SHOULD HAVE BEEN AWARE OF, ANY PARTICULAR KIND OF DAMAGES, AND (III) REGARDLESS OF WHETHER ANY LIMITATION CAUSES A REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THE TERMS OF USE OR YOUR USE OF THE SITE OR ANY PRODUCTS, SERVICES, MATERIALS, OFFERS, OR INFORMATION APPEARING ON OR OFFERED THROUGH THE SITE, EXCEED, IN THE AGGREGATE, ONE HUNDRED UNITED STATES DOLLARS ($100.00).

DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT, MATERIALS, FUNCTIONS, INFORMATION, TEXT, GRAPHICS, PRODUCTS AND SERVICES IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION. THE SITE MAY CONTAIN ERRORS, INACCURACIES, OMISSIONS OR INCOMPLETE DATA. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS. WE DO NOT WARRANT, REPRESENT OR ENDORSE THE ACCURACY, RELIABILITY, USEFULNESS, AVAILABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICES, CONTENT, OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. FURTHER, WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, OR FUNCTIONS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INJURY, LOSS OR DAMAGE TO YOUR DEVICE OR USE OF INFORMATION RELATED TO OR RESULTING FROM USE OF THE SITE. WE ARE NOT RESPONSIBLE FOR TELEPHONE, ELECTRIC, ELECTRONIC, NETWORK, INTERNET, DEVICE, HARDWARE OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURES, DELAYS OR DIFFICULTIES, OR LATE, LOST, STOLEN, ILLEGIBLE, INCOMPLETE, GARBLED, MISDIRECTED, MUTILATED OR POSTAGE DUE MAIL, E-MAIL, FORM POSTINGS, CONNECTIONS, MESSAGES OR ENTRIES, OR THE SECURITY OF ANY AND ALL SUCH MATTERS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You will indemnify, defend and hold us, our parent companies and affiliates and their subsidiaries, and each of our and their owners, partners, members, and affiliates, and each of such person’s or entities’ officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees), loss of or damage to any property or otherwise (“Claims”) arising out of or in any way connected with the use of the Site or otherwise. In the event that any Claim is made or any action or proceeding is brought against any Indemnified Party, arising out of or connected with this agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to defend any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

RELEASE

BY UTILIZING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT WE AND OUR AGENTS ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE THAT MAY OCCUR FROM USE OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, MATERIALS, SERVICES OR PRODUCTS RELATED THERETO OR ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE AND ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS TO ANYBODY. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES, RELATED TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED WITH THE USE OF THE SITE.

ACCESS AND INTERFERENCE

You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information contained therein, without our prior express written consent. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You represent and warrant the information you provide to or through the Site (i) will not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer code routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information; and (ii) will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, or (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

CHOICE OF LAW, JURISDICTION, AND VENUE

Except for actions for equitable relief (which either you or we may being in any court of competent jurisdiction), any claim, suit, or cause of action arising out of, or related to, your use of any Site must be brought exclusively in the courts of the State of South Carolina sitting in Spartanburg County, South Carolina or in the United States District Court for the District of South Carolina. You and we irrevocably consent to the exclusive jurisdiction of, and venue in, such courts. The Terms of Use are governed by the laws of the State of South Carolina, United States, without regard to its conflict-of-law provisions.

MISCELLANEOUS

If any provision of these terms and conditions or of the Privacy Notice,  the Website Privacy Policy, or the Cookie Policy is illegal or unenforceable, such provision will be deemed severed from these terms and conditions and: (a) the remaining terms and conditions will remain in full force and effect and (b) where possible, the court will reform the particular provision to give maximum legal effect to the parties’ intentions. By using the Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or the Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Our failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of the Terms of Use. We may assign its rights and duties under the Terms of Use to any party at any time without notice to you. No rule that requires that a provision be construed against the party drafting the provision will have any effect upon the construction or enforcement of these terms and conditions or the Privacy Notice,  the Website Privacy Policy, or the Cookie Policy.

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