Terms of Use / Disclaimer

TOTAL CONTROL FINANCIAL, INC., which is the holder of the trademark “Disrupting Wall Street, Empowering Main Street,” (the “Company”), sells retirement products as part of a kit, together with related components, such as the Self-Directed IRA product, Solo 401K product, Solo 401K Real Estate product, and related plans, accounts, trusts, entities, instruments, Application, Community Subscription, Support Services, Real Estate Coaching, Independent Tax Support, and Audit Protection, if any (collectively the “TCF Product”) and further provides information relating to the TCF Product through its website www.TotalControlFinancial.com and related postings, emails and publications. A license to download and use all or any part of the TCF Product, such as any related Application, with or without purchasing the entire TCF Product may be offered through the Company website, emails or other communications platforms. Said website, publications, postings, communications platform, Application and emails are hereinafter collectively or individually referred to as the “Site.” You should visit this page prior to using this Site to determine the current terms and conditions to which you are bound. The Company may amend these terms and conditions at any time. Your continued use of this Site is conditioned on the terms and conditions stated at the time of your use and you agree to any amendments to those terms by such use. By using this Site, undertaking to engage in any transaction with the Company or by accessing any content of the Site, you, whether you are a member, Subscriber, free member or any other type of user, acknowledge that you have read and understood the following terms, conditions, policies, disclaimers, agreements, notices and restrictions, hereinafter referred to as “Terms of Use/Disclaimer”, and agree to be bound by them as well as all applicable laws and regulations:

1. No Professional Services Offered
The Company is a retirement account facilitator consisting of a do-it-yourself document service in which the Company furnishes the TCF Product plans, entities, and instruments entirely at your specific direction. The Company is not engaged in rendering legal, accounting, financial or other professional services. The Company CANNOT provide you with legal, accounting or financial advice. The Company is reliant upon third party service provider(s) or the Internal Revenue Service’s judgment in approving the master plan or prototype plan and terms used for the TCF Product plans, entities, and instruments, and any subsequent amendment thereto; the Company does not itself draft or amend the TCF Product plans, entities and instruments, hold itself out as being able to advise customers on which TCF Product options to select, vouch for the Internal Revenue Service’s or any responsible third party service provider’s judgment, or make direct and particular recommendations about TCF Product choices or TCF Product maintenance with reference to your particular circumstances. Neither the TCF Product nor any statement, presentation, article, data file or any other communication available from the Company or Site is to be construed as a recommendation to purchase or sell a security or service, or to provide investment, legal, accounting or tax advice. The Company is not an accountancy firm, Custodian of any TCF Product-related account, entity, investment or deposit, Third Party Administrator of any TCF Product-related plan, entity, trust, account, investment or instrument, Plan Administrator of the any TCF Product-related plan, entity, trust, account, or instrument, Plan Sponsor of the any TCF Product-related plan, entity, trust, account, or instrument, Registered or Certified Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. The TCF Product and any information on the Site or acquired through the Company or its Site, is provided for information purposes only (collectively the “Information”). The Information is not intended to be and does not constitute financial advice or any other advice, is general in nature and not specific to you. Your reliance on the Information and use of the TCF Product is at your own risk and subject to these Terms of Use, and you agree not to hold the Company responsible for any such reliance or use. Before using the Information to make or implement an investment decision, you are responsible for seeking the advice of a qualified, certified and/or registered securities professional and undertake your own due diligence. None of the Information is intended as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any security, company, or fund. The Company is not responsible for any investment decision, any data you input in finalizing any TCF Product, or TCF Product decision made by you. You are responsible for your own investment research and investment decisions in relation to the TCF Product.
The Company is not a law firm and does not furnish legal services for you. No attorney-client relationship is intended to arise between you and the Company, its management, salespersons or the Company’s inside or outside legal counsel as a result of any interaction between you and the Company, such as your access to the Site or the Information. All references to professional licensures, certifications, attorneys or a juris doctorate in connection with its staff, if any, are meant to convey a fact about the level of education or professional achievement they have attained for informational purposes and for the Company’s benefit only; such references should not be construed as offering legal or professional services to you, suggesting that any representative of the Company is licensed to practice law or any professional service in your state, or will be applying legal expertise or any professional expertise in connection with the Information, including, but not limited to, the TCF Product. Any legal information on the Site states the facts of existing laws or general principles of law; it does not constitute legal advice for your particular circumstances and should not be relied upon as such. If you need legal advice for your specific problem or set of circumstances, or if your specific problem or set of circumstances is too complex to be addressed by the Site or our Information, you should consult a licensed attorney in your area and obtain such services through a separate, written attorney-client agreement.

2. Potential Conflict Disclosure.
The Company or the Company’s affiliates, shareholders, managers, directors, officers, associates and its employees may hold positions in the transactional opportunities that are described on the Site or in the Information. They may, from time to time, hold positions consistent or inconsistent with information contained on the Site or otherwise in the Information; and have no obligation to notify you in any way regarding said positions and shall have no liability to you that relates in any way to said positions. Their affiliation or relationship to the Company shall in no way limit the positions they may hold or when they may hold them.
From time to time, in their individual or separate and distinct business capacities, certain of the Company’s managers, officers, board members, employees or associates (collectively “Company representatives”) may offer to provide or refer you to providers of professional services furnished independently from the Company and separately from the Company’s operations. However, before doing so, the Company requires that any such Company representative first obtain and disclose to the Company a written, separate waiver signed by you describing the services to be furnished, acknowledging that such services are provided independently and separately from the Company, disclaiming any responsibility or liability of the Company for such services, and also waiving any actual or potential conflict of interest that may arise between the respective Company representative’s obligations with the Company and any professional obligation to you as a result of your retention of their independently furnished professional services or your reliance upon their referral of you to independent professional service providers. By using the Site, you agree NOT to engage any Company representative in any such separate service or referral transaction without first providing the foregoing waiver.

3. Risk Disclosure.
The following disclosure is not specific to your personal circumstances and is not intended to furnish legal, accounting or investment advice. You are responsible for reviewing this disclosure with your independent legal, accounting and investment advisor. You are responsible for consulting an attorney or tax advisor for specific legal or tax advice.
Acting upon the Information provided by the Company or on its Site and using any element of the TCF Product represents a significant departure from current financial norms. Many experts consider the establishment and maintenance of any aspect of the TCF Product to be risky and unprofitable. The wide range of investment opportunities available to fund a TCF Product plan, account, entity, or trust, which include, but are not limited to, investment in precious metals, real estate, and business ownership, are not necessarily appropriate for every individual. Less sophisticated individuals may require a narrow range of expert-chosen investment options to avoid losses or a third party administered retirement fund. As with all investments; some element of risk of “loss of principal” is inherent in establishing a TCF Product plan, account, entity or trust. The price risk, i.e. the likelihood that the investment will drop in value is the most obvious risk of any investment. Many experts believe: (a) private investors should only invest a limited share of their overall portfolio in precious metals, real estate or business ownership; (b) diversification generally reduces the risk to the overall investment portfolio in case of price movements in individual asset classes; (c) other risks of investments could be counterparty risks or liquidity risks; and (d) you should investigate the product characteristics (e.g. outright ownership of precious metals and custody by an independent third party) and the product providers (e.g. trustworthiness) before engaging in any investment transaction. As such, the TCF Product may not be suitable for everyone. “Return on investment” and principal value of the assets held in your TCF Product plan, account, entity or trust may fluctuate and your portfolio, when redeemed, may be worth more or less than the original cost. Market value is subject to daily pricing fluctuations and values may change without prior notice. Past performance may not be indicative of future results.
Statements made on or contained on the Site or Company communications, particularly any regarding capital employed, capital expenditure, cash flows, costs, savings, debt, demand, disposals, dividends, earnings, efficiency, gearing, growth, improvements, investments, margins, performance, prices, production, productivity, profits, returns, sales, strategy, synergies, tax rates, trends, value, volumes, the effects of merger and acquisition activity, if any, are or may be forward-looking statements. Such statements are subject to risks and uncertainties. Actual results may differ from those expressed in such statements, depending on a variety of factors including demand and pricing; political stability and economic growth; development and use of new technology; actions of competitors; and natural disasters, wars and acts of terrorism.
You should carefully read sales literature prospectuses, and/or other offering documents, when available, before making purchases. You should carefully analyze all risks and/or considerations contained in the documents. If seeking recommendations or guidance, you are responsible for providing accurate information about your financial status, goals, and risk tolerance to ensure that appropriate recommendations are provided. You should make certain that you understand the correlation between risk and return.

4. License to the TCF Product Application.
The TCF Product Application may be made available as downloadable software for your computer or mobile device; and when made available is being furnished “as is” to you in order to allow you to easily access copies of your TCF Product plan, account, entity or trust documents or to track investments, as applicable. From time to time, the TCF Product Application may also furnish different or additional services. In connection with your acceptance of these Terms of Service, TCF may grant you a nonexclusive, nontransferable worldwide right to access and use the TCF Product Application, when available, subject to all of the terms of this License and Terms of Use. This license allows you to access, download, and use the TCF Product Application. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the TCF Product Application or any of its source code, features, functionalities or services; or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the TCF Product Application, its source code, features, functionalities or services. All rights not expressly granted to you are reserved by TCF and its licensors. TCF has the right to review, supervise and discontinue your use of the TCF Product Application with or without prior or subsequent notice.

5. No Guarantees.
The Information provided by the Company or on its Site, including but not limited to its opinion and analyses, if any, should not be construed to be investment advice. Your use of any information from the Site is at your own risk and without recourse against the Company, its shareholders, managers, directors, officers, employees or content providers. The Company does not, cannot and will not assess or guarantee the suitability or profitability of any particular transaction, investment, or the potential value of any transaction, investment or informational source. The transactional opportunities mentioned on our Site may not be suitable for you depending on your specific investment objectives and financial condition. The Information on the Site or in Company communications may contain forward-looking statements about various economic trends and strategies. You are cautioned that such forward-looking statements are subject to significant business, economic and competitive uncertainties and actual results could be materially different. There are no guarantees associated with any forecast and the opinions stated here could be wrong. The Site and Company’s products and services, only express our opinion. Our opinion will be wrong at times.

6. No Reliance
Prior to entering into any transaction with the Company, such as purchasing any component of the TCF Product, you are responsible to consult with your own legal, regulatory, tax, financial and accounting advisors to the extent you consider it necessary, and make your own investment, legal, hedging and trading decisions (including decisions regarding the suitability and legality of any component of the  TCF Product or any transactional opportunity offered by the Company, if any) based upon your own judgment and advice from those advisers you consider necessary. Your use of the Site and any component of the TCF Product constitutes your agreement that you may not claim an enforceable right to rely on any communication of the Company.

7. No Warranty or Damages
NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE MADE OR GIVEN REGARDING THE TCF PRODUCT, THE SITE, INCLUDING BUT NOT LIMITED TO THE TCF PRODUCT APPLICATION, ALL COMPANY COMMUNICATIONS, AND ANY INFORMATION ON THE SITE; ALL SUCH REPRESENTATIONS AND WARRANTIES BEING HEREWITH DISCLAIMED. THE SITE, INCLUDING THE TCF PRODUCT AND ANY INFORMATION ON THE SITE, SHALL BE ACCEPTED AND USED “AS IS” BY CUSTOMER.
The Company makes no warranties or representations about any of those contents (including the timeliness, currency, accuracy, completeness, reliability, continued availability or fitness for any particular purpose of those contents or that the use of this website will be error free or reliable) or that the functions contained on the Site or TCF Product Application will be uninterrupted, error free, or are free of viruses or other harmful components. To the greatest extent permissible by applicable laws, the Company excludes any such warranties and representations that may otherwise be implied and excludes all liability with respect to the Information, including but not limited to any component of the TCF Product, its Site, the TCF Product Application, its Company communications, or the use of the site anyone makes of it or those contents. The Company does not accept and you agree to waive all liability otherwise incurred by the Company, its management, staff, contractors, employees, agents, attorneys, directors or shareholders, if any, for direct, indirect, special, consequential or other losses or damages of whatsoever kind, if any, arising out of access to, or the use of the Information, including but not limited to any component of the TCF Product, its Site, its Company communications, or the use anyone makes of it or those contents. Customer acknowledges and agrees that TCF shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. TCF does not assume and shall not have any liability or responsibility to the Customer or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to Customer, and Customer accesses and uses them entirely at Customer’s own risk and subject to such third parties’ terms and conditions.

Miscellaneous Terms

Choice of Law and Forum. By using the Site or TCF Product you agree that, you agree that any resulting legal relationship or status between you and the Company shall be interpreted and construed in accordance with the laws of the State of Arizona. In the event that a judicial proceeding is necessary, the sole fora for resolving disputes arising out of or relating to this Agreement are the courts of the County of Maricopa, State of Arizona or the federal courts for such state and county, and all related appellate courts. You irrevocably consent to the jurisdiction of such courts and agree to said venues by using the Site or TCF Product.


Dispute Resolution and Liquidated Damages. By using the Site or TCF Product you agree that, at the Company’s option, exercised by notice to you through any effective means of notice: (a) any dispute arising out of or relating to the Terms of Use or the TCF Product or the breach, termination or validity hereof shall be finally settled by binding arbitration in downtown Phoenix, Arizona conducted expeditiously in accordance with the Commercial Arbitration Rules of the American Arbitration Association as in effect from time to time, and judgment upon the award rendered by the arbitrators may be entered by any court having jurisdiction thereof; and (b) this agreement and all associated obligations and liabilities of the Company and any of its disclosed affiliates to you, arising in any way from this Agreement shall be terminated, waived, settled, and held for naught ab initio in exchange for the payment of FIVE THOUSAND AND NO/100THS DOLLARS ($5,000.00) to you, which payment shall constitute liquidated damages merging and finally compromising any claim or cause of action in any way arising from your use of the TCF Product or the Site which may have accrued to you, with the foregoing amount intended to settle and compromise an uncertain and unknown amount and not construed as the measure of damages for any other purpose.

Construction. By using the Site or TCF Product you agree that these Terms of Use, Privacy Policy and Miscellaneous Terms shall be construed as if drafted jointly by you and the Company and no presumption or burden of proof shall arise favoring or disfavoring either party by virtue of the authorship of any of the provisions of the Term of Use or Privacy Policy.