LifePro Asset Management Terms of Use

Legal Disclosure & Notices

Overview

Our Terms of Use (“Terms”) apply to the LifePro Asset Management web site located at www.lifeproassetmanagement.com. We may occasionally update the Terms based on changes to the LifePro Asset Management Site, among other factors. Any updates made to the Terms go into effect once they are posted – and by using the LifePro Asset Management Site, you’re agreeing to the Terms. Because the Terms cover multiple LifePro Asset Management Sites, some of the terms may only apply to specific websites or applications. For a closer look at the full Terms, please view the sections below.

LifePro Asset Management Company

The LifePro Asset Management Company (referred to herein collectively as “LPAM”) is owned by LifePro Financial Services, Inc., with its principal place of business at 11512 El Camino Real, Suite 100, San Diego, CA 92130. The LPAM site is owned and operated on behalf of the LifePro Asset Management company referencing insurance, securities and related financial products and services in the United States.

myLifePro

If you choose to register for the myLifePro portion of the LPAM Site, you are voluntarily electing to receive services from LifePro Asset Management that will assist you with planning for retirement and other life goals (the “myLifePro Services”). You agree that the myLifePro Services are separate and apart from any other services that LifePro Asset Management offering securities and related financial services may provide to you or your employer, including any services you may receive as a participant in a retirement plan. If you are a participant in a retirement plan and your employer has elected to make available the myLifePro Services, then the myLifePro Services will be included with the other services you receive as a participant in a retirement plan and a separate registration is not required. By registering for myLifePro or otherwise utilizing the myLifePro Services, you authorize LifePro Asset Management to use your account data for the purpose of providing the myLifePro Services. You also authorize LifePro Asset Management to use the information you provide within myLifePro for associated email communications regarding the myLifePro experience. If you opt-in to our marketing communications, you authorize LifePro Asset Management to use the information you provide to deliver relevant content and offers via email.

As part of myLifePro Services, LifePro Asset Management may provide access to certain information for accounts you hold with TD Ameritrade and/or Charles Schwab as account custodian(s) for certain accounts you may hold with LifePro Asset Management, LLC. The myLifePro Services make this account information available to you as a courtesy, and are not responsible for the accuracy of the information displayed. Please refer to the corresponding account statement from your account custodian for information relating to your account, including account balance, asset holdings and positions.

LifePro Asset Management may also provide optional linking or account aggregation functionality that allows you to view, in a single location on the myLifePro site or by linking from the myLifePro site, consolidated financial information from such accounts that you maintain at various third party financial institutions that you may designate.

To use the account aggregate function, you understand and agree that:

  • The function is not available for all types of accounts and/or for all financial institutions.
  • Financial institutions may change their websites from time to time and as a result an outside account that was available may cease to be available through myLifePro. Neither LifePro Asset Management nor its technology vendors have any control over this situation and have no obligation to restore the availability of an outside account on the myLifePro site.
  • You are responsible for designating the outside accounts information which you desire to aggregate.
  • For each available outside account that you desire to aggregate on the myLifePro site, you must provide the necessary login credentials to access the outside account such as username and password. You will provide this information through such function and process as our technology vendors may determine from time to time.
  • The account aggregation function will access the website maintained by each third-party financial institution for each outside account designated for aggregation in order to retrieve and store the account information within the outside account.
  • You grant LifePro Asset Management and its technology vendors authority, with respect to each outside account designated for aggregation, to (1) use the login credentials for such outside account in order to access the account information within such outside account; (2) retrieve the account information within the outside account and (3) store the account information so retrieved and display such information to you.
  • For each outside account designated for aggregation, you represent and warrant that (1) you are the legal owner of the account; (2) you have the right to disclose your login credentials for such outside account; and (3) you have the right to grant the foregoing authorization.
  • Neither LifePro Asset Management nor its technology vendors are responsible for any acts, errors, or omissions by the financial institutions at which you maintain an outside account, or for the accuracy of the information provided by such institutions.
  • LifePro Asset Management may terminate your access to account information and Orion and the account aggregation function at any time without notice.

Proprietary Information

All information, material and content accessible on or generated by the LPAM Site, including text, graphics, images, software applications and code, video, audio, and user interface design (“Content”) is the proprietary information of LifePro Asset Management or our licensor, and is protected by United States and foreign copyright laws and conventions. LifePro Asset Management or our licensor retains all right, title, and interest in and to the Content. You may print out a copy of the Content solely for your personal use, provided, that, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, service mark, or any other proprietary notice or legend or regulatory disclosure appearing on any of the Content. You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms. The use of Content on any other site or in a networked computer environment for any purpose, or any other republication, redistribution or use of the Content, including framing the Content within another site, is expressly prohibited.

Trademarks

The LifePro Asset Management name and the other trademarks, service marks, logos, URLs and domain names, registered or not (collectively, “Marks”), appearing on the LPAM Site are the property of LifePro Asset Management and other parties. You may not use, copy, download, display, transmit or modify any Mark in any way without the prior written consent of the owner of such Mark. In addition, you are not authorized to make use of LifePro Asset Management’s Marks as metatags.

Links

LifePro Asset Management may provide hyperlinks to sites owned or operated by third parties (“Third Party Sites”) or permit a link from a Third Party Site to a LPAM Site. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the Third Party Site. LifePro Asset Management accepts no responsibility for the content, products or services provided at these Third Party Sites. If you decide to access such Third Party Sites, you do so solely at your own risk, and you should be aware that Third Party Sites are governed by their own terms and conditions. LifePro Asset Management is not liable for any damages incurred as a result of clicking on a link to any Third Party Site. Links to the LPAM Site may be made only with the permission of LifePro Asset Management.

Submissions

You hereby grant to LifePro Asset Management via a royalty-free, perpetual, non-exclusive, irrevocable, worldwide, right and license to use, adapt, reproduce, modify, disseminate, publicly display, incorporate into other works or otherwise exploit all content, remarks, suggestions, ideas, graphics, or other information submitted through the LPAM Site (collectively, “Submissions”). LifePro Asset Management may use your Submissions for any and all purposes including, but not limited to, advertising, promoting and publicizing LifePro Asset Management and its businesses, products, services or any promotion or offer presented by LifePro Asset Management in any and all media without incurring liability for royalties or other consideration of any kind. LifePro Asset Management will not be required to treat any Submissions as confidential, but LifePro Asset Management will treat any personally identifiable information that you submit through the LPAM Site in accordance with the LifePro Asset Management Privacy Policy.

Legal Disclaimers

Content. Our intent is to provide accurate and up to date content on the LPAM Site; however, that is not always possible. Therefore, no warranty or representation is made that the information on the LPAM Site is complete, accurate, up-to-date or error-free or that known defects will be corrected. Content, services, products or functions available on the LPAM Site may contain inaccuracies or errors and may be changed or updated at any time without notice. LifePro Asset Management has no obligation to update the LPAM Site, so information may be out-of-date at any given time. THEREFORE, ALL CONTENT, SERVICES AND FUNCTIONS ON THE LPAM SITE, OR ANY OTHER SITE LINKED TO THE LPAM SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain implied warranties in which event any required warranty applies to the minimum extent legally required.

If you have consented to the electronic delivery of documents or conduct business with LifePro Asset Management electronically, LifePro Asset Management may, pursuant to your consent, make certain regulatory documents and information relating to your LifePro Asset Management account(s) (such as statements, prospectuses and confirmations) available electronically for download or via e-mail (collectively, “Documents”). Content, excluding Documents, is provided for informational purposes only and should not be relied on. Although the LPAM Site may include statements on various life events and financial, legal or tax concerns, these statements are provided for informational purposes only, and are not intended and should not be relied upon as legal, tax or personalized advice. LifePro Asset Management does not warrant or make any representations regarding the suitability, usefulness or expected results of the Content, services, products or functions, including tools such as calculators, provided on the LPAM Site. You should not rely solely upon this information in making any decisions, including any decision to buy a product or service from LifePro Asset Management or affiliate. You should consult your financial professional and legal and/or tax advisor for advice about the appropriateness of products and services for you, and the effect of state and federal law on the products, services or issues discussed on the LPAM Site, or of federal income taxes or any other taxes on amounts held or paid out under any financial products described.

Availability. No warranty or representation is made that the LPAM Site or any part or function, including without limitation any transactional function, will be available and not subject to interruption at any time.

Disabling devices. No warranty or representation is made that any Content, service, product or function, including without limitation any downloadable files, available at the LPAM Site is free of computer viruses, malware or other destructive or harmful programs, software, code or devices which may erase, scramble, lock or disable any computer software, content or equipment or may prevent users from using a site or any other item of hardware or software. You should routinely scan your system and downloaded files for such disabling devices.

Third Party Content. LifePro Asset Management may provide information at the LPAM Site supplied by third parties. Any opinions, advice, statement, services, offers, or other information expressed or made available by a third party, are those of such third party and not LifePro Asset Management. LifePro Asset Management does not independently verify the information provided by third parties, does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assumes no responsibility for Content displayed on the LPAM Site that may be provided by another party.

Limitation on Liability and Damages

IN NO EVENT WILL LIFEPRO ASSET MANAGEMENT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTIONS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE OR ANY OF OUR REPRESENTATIVES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO ANY USE OF OR INABILITY TO USE THE LPAM SITE, OR ANY OTHER LINKED SITE, INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, THEFT, UNAUTHORIZED ACCESS, DISCLOSURES OF COMMUNICATIONS, OR ANY FAILURE OF PERFORMANCE. Some jurisdictions do not allow limitation or exclusion of certain liabilities or damages in which event in such jurisdiction the foregoing shall apply to the maximum extent allowed by law. You are responsible for the entire cost of all servicing, repair or correction of your property or operations, including without limitation your computer, network, software or any device, required as a result of or related to using the LPAM Site. In no event shall LifePro Asset Management’s total liability to you for damages, losses and causes of action of any kind—whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise—exceed the amount paid by you, if any, for accessing the LPAM Site.

Privacy

We are committed to protecting the privacy and confidentiality of your personal information. To review the LifePro Asset Management Privacy Policy offering insurance, securities and related financial products and services in the United States, click here.
  • Technical and Navigational Information. When you visit and navigate the LPAM Site and when you communicate with us via the LPAM Site, LifePro Asset Management and third parties with whom we have contracted may collect technical, navigational and other non-personally identifiable information (such as a catalog of the site pages you visit) from cookies, referrers, IP addresses, environmental variables, pixel tags and similar technologies and information you voluntarily provide, as further described below. If you participate in myLifePro, please see the specific myLifePro terms for additional privacy considerations. Currently, the LPAM Site does not support the necessary technology to respond to Web browser “do not track” signals or other, comparable mechanisms.
  • Cookies. LifePro Asset Management and our service providers may use encrypted or non-encrypted cookies in connection with the LPAM Site. Cookies are pieces of information that a website places in a file on your computer associated with your browser that may be used to deliver content specific to your interests and for other purposes, such as security and other account administrative functions. This information is processed passively by your browser as you surf through the LPAM Site. Cookies do not cause damage to your computer systems or files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. For example, cookies allow you to easily log into the LPAM Site by remembering your email address. Please note, the disabling of cookies may have an adverse effect on your website experience and could result in an unintended loss of functionality. To learn more about this technology, or to opt out of the ad serving cookie, please visit www.networkadvertising.org/optout_nonppii.asp. In addition, we use Google Analytics software to collect information about how you use the LPAM Site. We do this to help make sure the LPAM Site is meeting the needs of their users and to help us make improvements. Google Analytics stores information about the pages you visit on the Site, how long you spend on each page, how you got to the LPAM Site, and what you click on while you are visiting the LPAM Site. We do not collect or store your personal information, so this information cannot be used to identify who you are. We do not allow Google to use or share our analytics data. You can opt out of Google Analytics cookies. We have also implemented Invisible reCAPTCHA on the LPAM Site. reCAPTCHA works by collecting hardware and software information, such as device and application data and the results of integrity checks, and sending that data to Google for analysis. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
  • Referrers, IP Addresses, and Environmental Variables. LifePro Asset Management and our service providers may also collect “referrers” information, IP addresses and various environmental variables.
  • A “referrer” is information the Web browser passes along to our web servers that references the URL from which you came.
  • “IP address” is a number used by computers on the network to identify your computer so that data can be transmitted to you.
  • “Environmental variables” include, among other things, the domain from which you access the Internet, the time you accessed the LPAM Site, type of Web browser and operating system or platform used, the Internet address of the website you left to visit the LPAM Site, the names of the pages you visit while at the LPAM Site, and the Internet address of the website you then visit.
  • Pixel Tags. LifePro Asset Management and our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some website pages and HTML-formatted email messages to, among other things, compile aggregate statistics about site usage, response rates and the effectiveness of advertising campaigns. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to site visitors and may be associated with cookies on the visitors’ hard drives. Pixel Tags allow us to count users who have visited certain pages of the LPAM Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.
  • Non-Personally Identifiable Information You Voluntarily Provide. When you visit the LPAM Site we may collect demographic data, such as your date of birth, gender and zip code. When such data is not combined with any personally identifiable information (“PII”), such information is considered to be non-personally identifiable. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the LPAM Site, for example, by using PII to display content according to your zip code. Because non-personally identifiable information does not personally identify you, we may use such information for any purpose, including without limitation to enhance website security, detect broad demographic trends, provide content tailored to your interests, and otherwise enhance your experience on the LPAM Site. This information may also be shared with third parties on an aggregate and non-personally identifiable basis.
  • Personally Identifiable Information. Depending upon which LPAM Sites you visit and which online services you use, the types of information we may collect from you could include your name, email address, mailing address, telephone number(s), account number(s), banking information, user name and password. In addition, we may collect Social Security numbers, driver’s license or government-issued identification numbers, dates of birth, gender, health information, banking information, assets, and income, for you and your joint owners and beneficiaries, and other types of demographic and personal financial information when you provide such information on applications or forms or while using our online services and where we believe such information is reasonably required for ordinary business purposes. We may also collect information about you from additional online and offline sources, including commercially available third-party sources such as credit reporting agencies. We may combine this information with the personal information we have collected from you under these terms.
  • Email Unsubscribe. You may unsubscribe from marketing emails from LifePro Asset Management at any time. If you wish to do so, click on unsubscribe at the bottom of the communication you wish to opt out of. You may also update your communication preferences in your myLifePro profile or on the Communication Preferences page of the particular LPAM Site at any time. Please note that the communication preferences in myLifePro apply only to marketing and educational emails and will not affect emails related to your LifePro Asset Management account(s).
  • Monitoring Use. LifePro Asset Management reserves the right to view, monitor, and record any and all use of the LPAM Site in its discretion. However, unless required by law, we do not have any obligation to you to conduct such monitoring or to take any action based on any monitoring we may conduct. If you do not consent to such monitoring, you should not access the LPAM Site.

Security

In general, information sent through the Internet is not secure. Email services that may be provided through the LPAM Site generally are not encrypted and do not provide a secure and private means of communication with us. Certain services offered on the LPAM Site do provide a secure means to communicate with us; this is indicated by an icon that appears on your screen when you are using such a service. For certain types of communications through the LPAM Site, or for access to certain portions of the LPAM Site, we may require the use of encryption technologies provided for your protection and/or require you to use user identification information (“UserID”) and passwords. You are responsible for the confidentiality and use of your UserID and passwords. If you become aware of any loss, theft or unauthorized use of your UserID, password, social security number or account number, immediately notify LifePro Asset Management. While LifePro Asset Management may use reasonable precautions to protect confidential information and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. Please be aware that although passwords or other security protections may be in use, LifePro Asset Management reserves the right to monitor any and all transmissions, stored messages and routine backup copies of communications to ensure appropriate system usage.

Governing Law/Miscellaneous

These Terms are governed by the laws of the State of California, without regard to its conflict of laws provisions, and shall inure to the benefit of LifePro Asset Management’s successors and assigns, whether by merger, consolidation, or otherwise. If you take legal action relating to these Terms or your use of the LPAM Site, you agree to file such action only in California and you consent to submit to the personal jurisdiction of the state and federal courts of California for the purposes of pursuing any such action. Any cause of action you may have arising out of or related to your use of the LPAM Site must be commenced within one (1) year after the cause of action arises. LifePro Asset Management reserves the right to seek all remedies available at law and equity for violations of these Terms, as well as the right to restrict access to the LPAM Site or any portion of it. LifePro Asset Management does not represent that the information in the LPAM Site is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. Those who access the LPAM Site do so on their own initiative and are responsible for compliance with all applicable local laws. These Terms represent the entire agreement between LifePro Asset Management and you relating to the subject matter herein. If any provision of these terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severed from these terms and will not affect the validity and enforceability of the remaining provisions.

Business Continuity Plan

LifePro Asset Management, LLC has developed and implemented a Business Continuity Plan which addresses how we respond in the event of a significant disruption to our business (for example, a natural disaster or terrorist attack). The plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.

We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, allowing our customers to transact business, and protecting the firm’s books and records. Because the timing and impact of disasters and disruptions is, by definition, unpredictable, we will have to be flexible in responding to actual events as they occur.

Our business continuity plan addresses: data back-up and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternate physical location of employees; critical supplier, contractor and counter-party impact; and assuring our customers prompt access to their funds and securities if we are unable to continue our business.

Our clients have accounts custodied at either TD Ameritrade or Charles Schwab. These custodians back up their important records in a geographically separate area. While every emergency situation poses unique problems based on external factors, such as time of day and the severity of the disruption, we have been advised by the custodians that its objective is to restore their own operations and be able to complete existing transactions and accept new transactions and payments within 24 hours. Your orders and requests for funds and securities could be delayed during this period.

In a disruption to only our firm or a building housing our firm, we will transfer our operations to a local site when needed and expect to recover and resume business within 24 hours. In a disruption affecting our business district, city, or region, we will transfer our operations to a site outside of the affected area and recover and resume business within 24 hours. In either situation, we plan to continue in business and notify you through our web site or the number listed below on how to contact us. If the significant business disruption is so severe that it prevents us from remaining in business, we will assure our customer’s prompt access to their funds and securities.

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