Terms of Use

Last Modified: 12-17-19

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Medfinity
Financial (“Company,” “we,” or “us”). The following terms and conditions,
together with any documents they expressly incorporate by reference
(collectively, “Terms of Use”), govern your access to and use of
medfinityfinancial.com, including any content, functionality, and services
offered on or through such URLs (collectively, the “Website”).
Please read the Terms of Use carefully before you start to use the
Website. By using the Website, you accept and agree to be bound and abide
by these Terms of Use and our Privacy Policy, found
at https://www.medfinityfinancial.com/online-privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you
must not access or use the Website.

This Website is offered and available to users who are 13 years of age or
older. By using this Website, you represent and warrant that you are of legal
age to form a binding contract with the Company and that you live in the
United States. If you do not meet all these requirements, you must not access
or use any Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole
discretion. All changes are effective immediately when we post them, and
apply to all access to and use of any Website thereafter.

Your continued use of any Website following the posting of revised Terms of
Use means that you accept and agree to the changes. You are expected to
check this page so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend each Website, and any service or
material we provide on such Website, in our sole discretion without notice. We
will not be liable if for any reason all or any part of any Website is unavailable
at any time or for any period. From time to time, we may restrict access to
some parts of any Website, or the entire Website, to users, including
registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to any Website
you wish to use.

• Ensuring that all persons who access such Website through your internet
connection are aware of these Terms of Use and comply with them.

To access any Website or some of the resources it offers, you may be asked
to provide certain registration details or other information. It is a condition of
your use of such Website that all the information you provide on the Website
is correct, current, and complete. You agree that all information you provide to
register with this Website or otherwise, including, but not limited to, through
the use of any interactive features on the Website, is governed by our Privacy
Policy, and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other
piece of information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any other person or
entity. You also acknowledge that your account is personal to you and agree
not to provide any other person with access to this Website or portions of it
using your user name, password, or other security information. You agree to
notify us immediately of any unauthorized access to or use of your user name
or password or any other breach of security. You also agree to ensure that
you exit from your account at the end of each session. You should use
particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or other
personal information.

We have the right to disable any user name, password, or other identifier,
whether chosen by you or provided by us, at any time in our sole discretion for
any or no reason, including if, in our opinion, you have violated any provision
of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but
not limited to all information, software, text, displays, images, video, and
audio, and the design, selection, and arrangement thereof) are owned by the
Company, its licensors, or other providers of such material and are protected
by United States and international copyright, trademark, patent, trade secret,
and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create
derivative works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM
incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for
display enhancement purposes.

• You may print [or download] one copy of a reasonable number of pages of
the Website for your own personal, non-commercial use and not for further
reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may
download a single copy to your computer or mobile device solely for your
own personal, non-commercial use, provided you agree to be bound by
our end user license agreement for such applications.

• If we provide social media features (Facebook and LinkedIn) with certain
content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.

• Delete or alter any copyright, trademark, or other proprietary rights notices
from copies of materials from this site.

You must not access or use for any commercial purposes any part of the
Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out
in this section, please address your request to:
csmith@medfinityfinancial.com.

If you print, copy, modify, download, or otherwise use or provide any other
person with access to any part of the Website in breach of the Terms of Use,
your right to use the Website will stop immediately and you must, at our
option, return or destroy any copies of the materials you have made. No right,
title, or interest in or to the Website or any content on the Website is
transferred to you, and all rights not expressly granted are reserved by the
Company. Any use of the Website not expressly permitted by these Terms of
Use is a breach of these Terms of Use and may violate copyright, trademark,
and other laws.

Trademarks

The Company name, the terms MEDFINITY FINANCIAL, THE GUARDIAN,
LIVING BALANCE SHEET, NETXINVESTOR, ASSETMARK, GUARDIAN MY
ACCOUNT MANAGER, the Company logo, and all related names, logos,
product and service names, designs, and slogans are trademarks of the
Company or its affiliates or licensors. You must not use such marks without
the prior written permission of the Company. All other names, logos, product
and service names, designs, and slogans on this Website are the trademarks
of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with
these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international
law or regulation (including, without limitation, any laws regarding the
export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm
minors in any way by exposing them to inappropriate content, asking for
personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail,” “chain letter,” “spam,” or any other
similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company
employee, another user, or any other person or entity (including, without
limitation, by using email addresses or screen names associated with any
of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Website, or which, as determined by us, may harm the
Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage,
or impair the site or interfere with any other party’s use of the Website,
including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to
access the Website for any purpose, including monitoring or copying any
of the material on the Website.

• Use any manual process to monitor or copy any of the material on the
Website, or for any other purpose not expressly authorized in these Terms
of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working
of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt
any parts of the Website, the server on which the Website is stored, or any
server, computer, or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of service attack.

• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of any Website.

• Terminate or suspend your access to all or part of any Website for any or
no reason, including without limitation, any violation of these Terms of
Use.

Without limiting the foregoing, we have the right to cooperate fully with any
law enforcement authorities or court order requesting or directing us to
disclose the identity or other information of anyone posting any materials on or
through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY
AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE
FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,
INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES.

However, we cannot and do not undertake to review material before it is
posted on the Website, and cannot ensure prompt removal of objectionable
material after it has been posted. Accordingly, we assume no liability for any
action or inaction regarding transmissions, communications, or content
provided by any user or third party. We have no liability or responsibility to
anyone for performance or nonperformance of the activities described in this
section.

Reliance on Information Posted

The information presented on or through the Website is made available solely
for general information purposes. We do not warrant the accuracy,
completeness, or usefulness of this information. Any reliance you place on
such information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials by you or any
other visitor to the Website, or by anyone who may be informed of any of its
contents.

This Website may include content provided by third parties, including
materials provided by affiliates, business partners, bloggers, and third-party
licensors, syndicators, aggregators, and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses
to questions and other content, other than the content provided by the
Company, are solely the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily reflect the
opinion of the Company. We are not responsible, or liable to you or any third
party, for the content or accuracy of any materials provided by any third
parties.

Changes to the Website

We may update the content on this Website from time to time, but its content
is not necessarily complete or up-to-date. Any of the material on the Website
may be out of date at any given time, and we are under no obligation to
update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By
using the Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it, but you
must not establish a link in such a way as to suggest any form of association,
approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on
this Website.

• Send emails or other communications with certain content, or links to
certain content, on this Website.

• Cause limited portions of content on this Website to be displayed or
appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with
respect to the content they are displayed with, and otherwise in accordance
with any additional terms and conditions we provide with respect to such
features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed on, or appear to be
displayed by, any other site, for example, framing, deep linking, or in-line
linking.

• Link to any part of the Website other than the homepage.

• Otherwise take any action with respect to the materials on this Website
that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking
immediately to stop. We reserve the right to withdraw linking permission
without notice.

We may disable all or any social media features and any links at any time
without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third
parties, including our affiliates and subsidiaries, these links are provided for
your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control
over the contents of those sites or resources, and accept no responsibility for
them or for any loss or damage that may arise from your use of them. If you
decide to access any of the third-party websites linked to this Website, you do
so entirely at your own risk and subject to the terms and conditions of use for
such websites.

Geographic Restrictions

The owner of the Website is based in the State of Michigan in the United
States. We provide this Website for use only by persons located in the United
States. We make no claims that the Website or any of its content is accessible
or appropriate outside of the United States. Access to the Website may not be
legal by certain persons or in certain countries. If you access the Website from
outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files
available for downloading from the internet or the Website will be free of
viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO
YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY
WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR
ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING,
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE
COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS
CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR
SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE
COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE
LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY
TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT
ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL
INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from
our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates,
licensors, and service providers, and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers, successors,
and assigns from and against any claims, liabilities, damages, judgments,
awards, losses, costs, expenses, or fees (including reasonable attorneys’
fees) arising out of or relating to your violation of these Terms of Use or your
use of the Website, including, but not limited to, your User Contributions, any
use of the Website’s content, services, and products other than as expressly
authorized in these Terms of Use, or your use of any information obtained
from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute
or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in
accordance with the internal laws of the State of Michigan without giving effect
to any choice or conflict of law provision or rule (whether of the State of
Michigan or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms
of Use or the Website shall be instituted exclusively in the federal courts of the
United States or the courts of the State of Michigan, in each case located in
the City of Southfield and County of Oakland. You waive any and all
objections to the exercise of jurisdiction over you by such courts and to venue
in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes
arising from these Terms of Use or use of the Website, including disputes
arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration under the Rules of
Arbitration of the American Arbitration Association applying Michigan law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF
OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of
Use shall be deemed a further or continuing waiver of such term or condition
or a waiver of any other term or condition, and any failure of the Company to
assert a right or provision under these Terms of Use shall not constitute a
waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of the Terms of Use will continue in full force and
effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire
agreement between you and Medfinity Financial regarding the Websites and
supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding the
Websites.

Your Comments and Concerns

This website is operated by Medfinity Financial, 29800 Telegraph Road,
Southfield, MI 48034.

All other feedback, comments, requests for technical support, and other
communications relating to the Website should be directed to:
csmith@medfinityfinancial.com.