|
This web site is provided to you as a service by PMA Financial Network, Inc.
The following terms and conditions govern your use of the Financial Planning
Program web site (fpp.pmanetwork.com) (the "Site"). Your use of our Site
constitutes your acceptance of these terms and conditions.
Corporate Entities
PMA Financial Network, Inc. (PMA) specializes in privately insured,
collateralized, and FDIC-insured certificates of deposit and commercial paper
investments, and is the fund administrator of local governmental investment
pools. PMA Securities, Inc., an affiliate of PMA, provides fixed income
institutional brokerage and investment banking services, registered money fund
products, and is the Distributor for several intergovernmental investment pools
(member FINRA, SIPC). Prudent Man Advisor, Inc., also an affiliate of PMA, a
registered investment advisor and investment advisor for select
intergovernmental investment pools.
Reliance of District Information
All the data viewed and retrieved on FPP Web is provided by you. Therefore, the
quality of the output will be wholly dependent upon the quality of the data you
provide. You understand that PMA will undertake no investigation or examination
of the data provided by you and that any inaccuracies or incompleteness of that
data, and any resulting erroneous output generated from FPP Web, shall be
solely your responsibility. Also, during the course of our FPP Web engagement,
PMA will rely on your representatives to provide us with all data (except
on-line modifications directly initiated by you), and we assume no
responsibility to determine whether personnel providing us with such data
possess the requisite authority to do so.
PMA has explained to you in general terms the formulas and methodologies used
by FPP Web and you agree that such formulas and methodologies are appropriate
and suitable for your financial management applications. PMA has made no
independent examination of the context in which you intend to use FPP Web and
cannot assure you as to the suitability for your application. PMA is not
responsible for any modifications to FPP Web implemented by you. Additionally,
you acknowledge that the results from FPP Web may yield inconsequential results
in the event of changes in your fiscal policies and fundamental changes in
school finance, including legislative changes. Furthermore, you agree and
acknowledge that any investment or other decisions made utilizing the result of
FPP Web are solely your decisions and are solely your responsibility. FFP Web
does not appraise assets, stock, or business of the Districts.
The District agrees to indemnify and hold PMA harmless against any claims,
loss, cost or expense incurred of any: (a) incorrect, omitted and/or
unauthorized information provided by the District to us, (b) misrepresentations
made by the District regarding the FPP program, (c) failure to comply with
District policy, state, and federal law. (d) actions or investments arising
from the gross negligence or willful misconduct of the District.
Jurisdiction/Governing Law
This Site is published in the United States for residents of the United States.
This Site is not intended for distribution to or use by any person in any
jurisdiction or country where such distribution or use would be contrary to
local law or regulation. PMA conducts business only in states where they are
licensed and registered. PMA makes no representations or warranties that the
Site content is applicable to or appropriate for use in locations outside of
the United States. User access to and use of the Site is subject to all
applicable international, federal, state and local laws and regulations.
Copyright/Trademarks and Restrictions of Use of Material
This disclaimer covers all previous and future iterations of the Financial
Planning Program. The use of the Financial Planning Programs (hereinafter
collectively referred as “the Programs”) is for authorized personnel only. By
using the Programs, you agree to be bound by the following:
1. The works of authorship contained in the Programs, including but not limited
to all design, text and images, are wholly owned by and proprietary property
of, PMA Financial Network, Inc. or one of its affiliates, PMA Securities, Inc.
or Prudent Man Advisors, Inc. (hereinafter collectively referred as “PMA”) and
are protected by copyright under both United States and foreign laws, unless
otherwise indicated. Trademarks displayed on this Site are the property of PMA
and other parties. Users are prohibited from using trademarks, logos, or
service marks for any purpose;
2. The Programs may not be copied, reproduced, transmitted, displayed,
performed, distributed, rented, leased, sublicensed, altered, stored for
subsequent use or otherwise used in whole or in part in any manner without the
prior written consent of PMA;
3. Customers may not be granted any rights, by you, to license or distribute
the Programs;
4. Any templates available via Internet-based services may not be distributed.
It is agreed that the analysis, or output, derived from FPP Web on behalf of
the District is the property of the District. However, prior to each instance
of public dissemination by the District, PMA reserves the right to review and
edit any relevant content of the publication where PMA, FPP, FPP Web, or any
component thereof, are denoted in any manner;
5. Any Internet-based services may not be used in any way that could damage,
disable, overburden, or impair such services or interfere with any other
party’s use;
6. Unauthorized access to any of the Programs is strictly prohibited;
7. The Programs may not be reverse engineered, decompiled, or disassembled
without the express permission of PMA;
8. Unless a written agreement is in effect with PMA, which states otherwise,
use of the programs or the PMA name that creates the false appearance that an
entity or person is associated with, helped create or is sponsored by PMA is
strictly prohibited;
9. PMA disclaims all warranties and conditions with regard to the Programs,
including all implied warranties and conditions of merchantability, fitness for
a particular purpose and non-infringement;
10. In no event shall PMA be liable for any special, indirect or consequential
damages or any damages whatsoever resulting from loss of use, data or profits,
whether in an action of contract, negligence or other tortuous action, arising
out of or in connection with the use or performance of the Programs;
11. PMA will have absolutely no liability whatsoever to any person that relates
in any way to the possession or use of the Programs or any results thereof;
12. The entire risk as to satisfactory quality, performance, accuracy, and
effort is with you; and
13. Your continued use of the Programs depends upon your adherence with this
disclaimer. PMA would not provide the Programs or any related services without
the disclaimers and limitations contained in this agreement. The acceptance of
this disclaimer constitutes a waiver of prior reliance of functionality for any
of the iterations of the program.
No Warranty
WE WILL MAKE EVERY REASONABLE EFFORT TO INCLUDE ACCURATE AND UP TO DATE CONTENT
ON THIS SITE. HOWEVER, THE CONTENT ON THIS SITE (INLUDING ANY GRAPHICS) AND ANY
MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE SUBJECT TO APPLICABLE STATUTES
AND REGULATIONS, AND ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO
APPLICABLE LAW, PMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PMA DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE CONTENT ON THIS SITE OR A LINKED SITE IN TERMS OF ITS CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT ON THIS SITE COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS CONTENT COULD BECOME
INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES.
PMA UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.
PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE
EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES THE INFORMATION,
SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A
LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PMA
SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES
ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE OR LINKED SITES. PMA MAY
MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.
YOU AGREE THAT PMA, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION
LOST PROFITS, COST OF PROCURRING SUBSTITUTE SERVICE OR LOST OPPORTUNITY)
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR
WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF PMA IS
MADE AWARE OF THE POSSIBILITY OF DAMAGES. THIS LIMITATION ON LIABILITY
INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY
INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR
COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT
ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR
ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. PMA CANNOT AND
DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
Confidentiality of User Communications
PMA is committed to protecting your personal and financial information. Privacy
and security are basic elements of our Site. Except as required by law and in
accordance with the PMA Privacy Policy ("Privacy Policy"), PMA will maintain
the confidentiality of all user communications which contain client information
and which are transmitted directly to PMA (please click here to view PMA's
Privacy Policy). Postings by a user on any message board or in any chat room
will not be protected as confidential and PMA may use and provide information
contained in such postings (including any ideas, concepts, know-how or other
intellectual property) to any of its parent company and affiliates for any
purpose whatsoever and as deemed appropriate by PMA.
Transmission of Personal Data
[For use in connection with Sites through which proprietary customer account
data may be transmitted.] User acknowledges and agrees that by providing PMA
with any proprietary user/customer information through the Site, user/customer
consents to the transmission of such proprietary information over the public
Internet as necessary for processing in accordance with PMA's standard business
practices. User/customer should be aware that linked sites may contain
transmission of personal data provisions that differ from the provisions
provided herein. PMA is not responsible for such provisions, and expressly
disclaims any and all liability related to such provisions.
Hyperlinks
From time to time, as a convenience for you, we may provide links to third
party web sites, or permit third parties to link to this Site. Links to or from
a third party site, whether provided by PMA or not, do not imply any
affiliation between PMA and the site owner, or an endorsement, approval, or
verification by PMA of any content available on such third party sites. PMA
prohibits caching, unauthorized hypertext links to the Site and the framing of
any Content available through the Site. PMA reserves the right to disable any
unauthorized links or frames and specifically disclaims any responsibility for
the Content available on any linked sites. Access to any other linked sites to
this Site is at the user's own risk. User should be aware that linked sites may
contain terms and conditions, privacy provisions, confidentiality provisions,
transmission of personal data provisions, and other provisions that differ from
the provisions provided on the Site. PMA is not responsible for such
provisions, and expressly disclaims any and all liability related to such
provisions.
Changes to Terms and Conditions
PMA reserves the right to revise these Terms and Conditions at any time without
prior notice and users are deemed to be apprised of and bound by any changes
thereof. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE
AWARE OF ANY CHANGES THAT ARE MADE.
Violations of Terms and Conditions
PMA reserves the right to seek all remedies available at law and in equity for
violations of these Terms and Conditions, including the right to block access
from a particular Internet address to the Site.
Violations of Terms and Conditions
PMA reserves the right to seek all remedies available at law and in equity for
violations of these Terms and Conditions, including the right to block access
from a particular Internet address to the Site.
Security / Password-Protected Areas
Access to and use of password-protected and secure areas of this Site is
restricted to authorized uses only. By entering the password-protected area of
the Site you represent you are an appropriately authorized user. You will be
responsible for maintaining the confidentiality of your User ID, Password and
other security codes ("User Codes"). You agree that you will be fully
responsible for all activities that occur utilizing your User Codes, and that
PMA is not under any duty to inquire as to the authority or propriety of any
instructions given to PMA via your User Codes. You agree that PMA shall not be
responsible for damages or losses resulting from any breach of security caused
by failure to maintain the confidentiality of your User Codes. You also agree
to immediately notify PMA if you:
-
Become aware of any loss or theft of your User Codes or
-
Become aware of any unauthorized use of your User Codes.
Finally, you acknowledge and agree that users of this Site and users, owners,
or managers of third party websites may not: (i) collect or store personal data
about other users of this Site or (ii) upload, e-mail or otherwise transmit any
material that contains viruses or any other computer code, files or programs
that might interrupt, limit or interfere with the functionality of any computer
software, hardware, database or file, or communications equipment that is
owned, leased or used by PMA.
|