This Terms of Service (this "Agreement") is made by and between Marca®,
Inc., an Alabama company, doing business also as Marca Advisor
Program
(MAP), and you (Client). This agreement sets forth
the general terms and conditions of access and use of
MAP. Once you accept by clicking "I Accept", you
agree to all of the terms and conditions of this Agreement.
Client acknowledges that, as Services change, the Client may be
required to agree to additional terms and conditions. Client further
acknowledges that MAP may change the
terms and conditions but MAP will obtain Client's
agreement to such changes by presenting a revised Terms of Service to
Client for acceptance. If Client refuses to accept the revised Terms
of Service, MAP has the right to immediately
terminate Client's access to and use of MAP.
Client understands and acknowledges the following...
During the term of use and subject to the terms and conditions of
this Agreement, Client may access and use those aspects of
MAP intended for access and use but
shall not use any aspect of MAP for purposes other
than personal use or access or use MAP
in any unlawful manner or in violation of this Agreement.
MAP is an...
online information service providing tools and specialists to help members find answers to and design solutions for financial or eldercare matters that effect them.
Information service is led by certified specialists who learn about your unique situation and help you make informed decisions about eldercare and financial matters that affect you.
MAP is not...
Comprehensive financial or advanced planning for eldercare.
A substitute for an investment advisor. If you need
investment advice, contact Marca Life Planning or other
investment professional to discuss your goals and investment
timeframe.
Responsible for and cannot be held liable for decision that
you execute. Only you know all the factors so only you can
determine how best to apply information provided by specialists.
Please contact your specialist by phone or online when you have a
question.
MAP is supported by...
MARCA® Life Planning, aka MARCA®, Inc., a registered
investment advisory firm. You may contact them by mail at 4320
Eagle Point Parkway, Birmingham, Alabama, 35242, by phone at
205-408-3000/800-489-3933 or email at
MAP@marcainc.com. When you accept Terms of Services, you
acknowledge delivery of our
Disclosures and
Privacy Policy.
Renewals and Cancellation
At the end of the introductory period, you will receive notification to confirm your membership status.
Monthly membership will renew and your credit card is charged unless you contact us by phone or email to cancel your membership
Annual members receive notification 30 days prior to expiration to confirm renewal and your credit card is charged
Other Terms and Conditions MAP is furnished AS-IS and without
any express or implied representations or warranties including,
without limitations, merchantability, fitness for a particular
purpose, non-infringement, availability of all or any part of the
service, and freedom from errors, viruses, bugs or other harmful
components.
MAP shall not be liable for any indirect,
incidental, special consequential, exemplary or punitive damages even
if advised of the possibility of the same. If the foregoing
disclaimer of warranties and limitation of liability is held to be
unenforceable, Client agrees that
MAP's liability to the client, whether in tort,
contract or otherwise, for all causes shall not exceed in the
aggregate $500.
If any clause or provision set forth in this
Agreement is determined to be illegal, invalid or unenforceable under
present or future law, then the clause or provision so determined to
be illegal, invalid or unenforceable shall be severable without
affecting the enforceability of all remaining clauses or provisions.
This Agreement and Client's access to and use of
MAP shall be governed by the laws of the United
States of America and the State of Alabama applicable to contracts
entered into by residents of Alabama and wholly performed in Alabama.
The state courts with jurisdiction over Shelby County, Alabama shall
have exclusive jurisdiction over any and all claims, disputes or
other controversies relating to or arising from this Agreement or
Client's access to or use of
MAP. Client hereby expressly consents to the
exercise of jurisdiction over Client by such courts. To the fullest
extent permitted by applicable law, each party to this Agreement
waives its or his right to a jury trial with respect to any action
brought under or in connection with this Agreement.
The headings used in these terms of use are for
convenience only and such headings are not to be used in determining
the meaning or interpretation of these terms of use. This Agreement,
together with any other terms, conditions and agreements that may be
entered into by Client and
MAP in connection with a specific product or service
of
MAP, constitute the entire agreement between Client
and
MAP and supersedes any and all other agreements,
representations and understandings, whether written or oral. This
Agreement may not be modified or amended by Client without the prior
written consent of
MAP.
Privacy Statement We employ various measures to secure your personally
identifiable information and financial information. When you send
information to us via
MAP's case-ticket system, your financial or
eldercare profile information is secure but E-mails sent to us are
not and we make no representation that any data contained in an
e-mail sent to us will be secure. Thus, if your communication
contains sensitive or confidential information or financial
information, you should send it to us via regular mail or otherwise
electronically secured. Except as otherwise set forth in this Privacy
Statement, we restrict access to Client data to those employees who
need to know that information to provide products or services to you.
Personal Information Collected MAP itself collects a very limited
amount of personally identifiable information about you. At this
time,
MAP collects the following information directly from
you: your email address, IP address and financial or eldercare
profile data which is used by the specialist to generate appropriate
recommendations.
Disclosure of Your Personal Information Our privacy policy is simple. We do not disclose or
share the information that we collect from you or that is otherwise
entered into
MAP concerning you except:
(1)
MAP makes all information stored in our system
concerning you accessible to your specialist; and (2) as necessary to
comply with legally required disclosures such as disclosures made in
response to a subpoena.
Revisions to This Privacy Statement We may modify, amend, add, or delete the terms of
this Privacy Statement at any time. If
MAP modifies this Privacy Statement, MAP
will notify you by postal mail, an email that provides a link to the
modified Privacy Statement or some other method (such as by placing a
conspicuous notice of the new Privacy Statement on the web site or by
presenting you with a web page containing an electronic copy of the
Privacy Statement) that provides fair notice of the promulgation of
the modified Privacy Policy.
Effective Date; Modification This Privacy Statement is effective as of February
6,
2010.
