Legal Information

By accessing any area of this web site, www.consultaplanner.org (this "Site"), YOU AGREE TO BE LEGALLY BOUND and to abide by the terms set forth below. This Site is owned and operated by the National Endowment for Financial Education ("NEFE").

The Project

NEFE and the other supporting organizations who have contributed to this Site, as indicated in the Who We Are section of this Site (the "Sponsors") have agreed to collaborate in order to facilitate and encourage the provision of pro bono financial planning services by qualified professionals to qualified clients through an education and referral program known as the "Project for Financial Independence" (the "Project").

NEFE has created this Site to: (a) convey information about the Project, the Sponsors, and the participating charitable organizations; and (b) make available certain educational materials related to the Project for your general informational purposes. However, NEFE does not provide financial planning services and will not, either through this Site or elsewhere in connection with the Project, actively solicit or select financial professionals to assist prospective clients in obtaining financial planning services. The professional membership organizations who are Sponsors of this Site, including the Financial Planning Association, the National Association of Personal Financial Advisors, and the Society of Financial Service Professionals, will work with participating community and other charitable organizations to facilitate the introduction of the Sponsors' respective professional members and chapters to prospective clients qualifying for pro bono assistance and to other pro bono opportunities in the community.

Although the Project, including this Site, is a collaboration, NEFE and the Sponsors shall at all times remain independent entities, and shall not be deemed to be partners, associates, joint venturers or agents of each other for any purpose. In addition, all personal financial advice and assistance rendered by a financial professional through the auspices of the Project are provided solely by the individual financial professional and not by or on behalf of NEFE or any of the Sponsors. By accepting assistance though the Project, you acknowledge and agree that neither NEFE nor the Sponsors, nor their directors, officers, employees, agents, or members, has any professional or business relationship with, or has or assumes any responsibility or liability for the accuracy or appropriateness of any advice or assistance provided by, an individual advisor.

Disclaimer

All information, content, and other materials on this Site, provided by NEFE or the Sponsors in connection with the Project, are believed to be current as of the time they are posted; however, over time, legislative and regulatory changes, as well as new developments, may date this material. While the information, content, and other materials are updated periodically, no guarantee is given that the information, content, and other materials are correct, complete or current. You expressly agree that use of this Site, and all of the information, content and other materials provided on or through this Site, is at your sole risk.

No Warranty

TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEFE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND RELATED TO THIS SITE, OR THE INFORMATION, CONTENT, OR OTHER MATERIALS PROVIDED ON OR THROUGH THIS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THIS SITE SHALL BE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. YOU RECOGNIZE AND ACCEPT THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE USE OF THE SITE AND THAT INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND NEFE'S CONTROL WILL OCCUR FROM TIME TO TIME.

IN ADDITION, NEFE MAKES NO WARRANTY AS TO: (A) THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR MATERIALS OF ANY KIND PROVIDED THROUGH THIS SITE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE FINANCIAL PLANNING SERVICES PROVIDED THROUGH THE PROJECT; (C) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FINANCIAL PLANNING SERVICES IN CONNECTION WITH THE PROJECT; OR (D) THE CREDENTIALS OR COMPETENCY OF THE FINANCIAL PROFESSIONALS WHO MAY OFFER FINANCIAL PLANNING SERVICES IN CONNECTION WITH THE PROJECT.

Proprietary Rights

Except for any Sponsor Materials (as defined below), this Site and the entire contents of this Site, including but not limited to, any text, publications, periodicals, practice aids, graphics, illustrations, software, video, photographs, sound, and other materials provided by NEFE or NEFE's third party licensors or contractors on this Site (all such contents collectively referred to as "NEFE Content"), and the compilation of the NEFE Content and the Sponsor Materials on this Site, are protected under copyright, trademark, trade secret, or other proprietary rights, including all applications and registrations thereof, in all forms, media, and technologies existing now or hereinafter developed. The NEFE Content is the exclusive property of NEFE or its third party licensors. All rights reserved.

Any materials posted on this Site, including but not limited to, any text, graphics, publications, periodicals, or practice aids provided by the Sponsors (all such materials collectively referred to as "Sponsor Materials") are protected under copyright, trademark, or other proprietary rights, including all applications and registrations thereof, in all forms, media, and technologies existing now or hereinafter developed. The Sponsor Materials are the exclusive property of the respective Sponsor contributing the material to NEFE, or such Sponsor's third party licensors, as indicated by the copyright notice of such Sponsor, or its third party licensors, included in the Sponsor Materials posted on this Site. All rights reserved.

Except for any Sponsor Marks (as defined below), all logos, banners, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, or trade dress (collectively, "NEFE Marks") of NEFE or its third party licensors, and are the exclusive property of NEFE or its third party licensors. National Endowment for Financial Education® and NEFE® are the registered trademarks of the National Endowment for Financial Education.

The logos, service marks, and trademarks provided by the Sponsors and posted on this Site (collectively, "Sponsor Marks") are the exclusive property of their respective owners.

Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, or otherwise using any NEFE Content, Sponsor Materials, NEFE Marks, or Sponsor Marks, in any form, or by any means, without the express written permission of NEFE or the respective Sponsor, is prohibited and may violate the copyright, trademark, or other laws protecting proprietary rights of the United States and other countries.

Use Of This Site

Subject to your full compliance with these terms, NEFE grants you a limited, personal, non-exclusive license, terminable by NEFE at any time, to access this Site and to view, use, download, and make a reasonable number of copies of the NEFE Content, solely for your non-commercial use in connection with the Project. The respective Sponsors grant you a limited, personal, non-exclusive license, terminable by the respective Sponsors at any time, to view, use, download, and make a reasonable number of copies of the Sponsor Materials, solely for your non-commercial use in connection with the Project. You must reproduce, on all copies made by you, and must not remove, alter, or obscure in any way, all proprietary rights notices (including copyright notices) of NEFE or its third party licensors, or the Sponsors or their third party licensors, on or within the copies of the NEFE Content or Sponsor Materials. You may not resell or make commercial use of this Site or any of the NEFE Content or Sponsor Materials. You may not download or copy any NEFE Content or Sponsor Materials for the benefit of any commercial entity or for any purpose other than your personal, non-commercial use in connection with the Project. You may not modify, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit all or any part of the NEFE Content or Sponsor Materials. You may not exploit this Site or any portion thereof for commercial purposes.

If you wish to use, reproduce, display or distribute any of the NEFE Content or Sponsor Materials on this Site for any purpose other than in connection with the Project as expressly permitted herein, please contact NEFE at Webmaster with regard to NEFE Content, or the respective Sponsor for the Sponsor Materials, to obtain permission prior to any such use.

Limitation Of Liability

Under no circumstances shall NEFE or any other person involved in creating, producing, hosting or maintaining this Site be liable for any direct, indirect, incidental, special, or consequential damages that arise from or relate to: (a) the use of or inability to use this Site, including but not limited to errors in transmission, interruptions, loss or corruption of data, viruses, delays, unauthorized access to data, unauthorized modification of this Site or information, unauthorized disclosure of information, or reliance on information obtained from this Site, regardless of the cause; or (b) the financial planning services offered through the Project as identified on this Site, including any referral services offered or performed by charitable organizations or professional membership organizations. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

Submissions

By submitting any information to this Site, you automatically grant to NEFE the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, maintain, store, and reproduce the information, or in the case of third-party information, warrant that the owner of the information has expressly granted such a right and license to NEFE.

Termination Of User Access

NEFE may, in its sole discretion, terminate your access, or suspend your access to all or part of this Site, without notice, for any reason.

Compliance With Law

You agree to comply with all applicable laws and regulations, including U.S. export control laws.

Choice Of Law

This Site, the information, content, and other materials on this Site, these Terms of Use, and the Privacy Policy below shall be governed by the laws of the State of Colorado of the United States of America, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal courts located in the State of Colorado or the state courts located in Denver, Colorado, for any litigation arising out of or relating to the use of or any transaction through this Site (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the venue of any such litigation in such courts, and agree not to plead or claim in any such court that such litigation has been brought in an inconvenient forum.

Modifications

NEFE reserves the right, at any time and without notice, to add to, change, update, or modify this Site, the NEFE Content, the Sponsor Materials, and these Terms of Use, simply by posting such addition, change, update, or modification on this Site. Any such addition, change, update, or modification will be effective immediately upon posting on this Site. Your continued access of this Site constitutes your acceptance to abide by these Terms of Use as modified.

Severability

If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

This policy sets forth how NEFE handles information NEFE learns about you from your visit to this Site. Please be assured that NEFE is committed to fair information practices and the protection of privacy.

Types of Information Collected

NEFE may automatically track and collect the following information when you visit this Site, including your: (a) IP address; (b) domain server; (c) type of computer; and (d) type of Web browser and operating system used (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on this Site. NEFE does not use "cookies" on this Site.

NEFE may ask for you to voluntarily provide certain information about your experience with using this Site, the NEFE Content and Sponsor Materials, and any financial planning services you have received in connection with the Project (collectively, "Survey Information"). Survey Information is anonymous information that does not personally identify you but is helpful for the organizations involved with the Project to evaluate the effectiveness of the Project.

NEFE does not require you to provide through this Site any information that personally identifies you.

Uses of Information Collected

NEFE may use the Traffic Data automatically collected from you to improve the content of this Site, to enhance your experience when visiting this Site, to help diagnose problems with this Site, and to help administer this Site.

NEFE will share the Survey Information with the Sponsors and other third parties involved in the Project to help such parties evaluate the effectiveness of this Site and the Project.

Other Limits to Your Privacy

This Site contains links to other web sites, including without limitation, the web sites of the Sponsors and other content providers accessible through this Site (the "Third Party Web Sites"). Please be aware that such Third Party Web Sites may have their own privacy and data collection policies and practices. NEFE is not responsible for any privacy practices or content of such Third Party Web Sites. You should check the applicable privacy policies of such third parties when providing personally identifiable information through the Third Party Web Sites.

NEFE may also make forums, message boards, bulletin boards, and news groups available to you through this Site. Please understand that any information disclosed in these areas becomes public information. NEFE has no control over the use of the information you disclose in these areas, and you should exercise caution when deciding to disclose any personal information.

Updates and Changes to Privacy Policy

NEFE reserves the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such addition, change, update, or modification on this Site. Any such addition, change, update, or modification will be effective immediately upon posting on this Site. Your continued access of this Site constitutes your acceptance of the Privacy Policy as modified.