Terms of Use / Privacy Policy

TERMS OF USE / DISCLAIMER

TOTAL CONTROL FINANCIAL, INC., which is the holder of the trademark “Disrupting Wall Street, Empowering Main Street,” (the “Company”), sells Internal Revenue Service-approved master or prototype solo 401k qualified retirement plans as part of a kit, together with related components, such as the eQRP Application, eQRP Community Subscription, Support Services, Independent Tax Support, and Audit Protection (the “eQRP”) and further provides information relating to the eQRP through its website, www.TotalControlFinancial.com, and related postings, emails and publications. A license to download and use the eQRP Application with or without purchasing the entire eQRP may be offered through the Company website or emails. Said website, publications, postings, eQRP Application and emails are hereinafter together or individually referred to as the “Site.” 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. You should visit this page prior to using this Site to determine the current terms and conditions to which you are bound. By 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 eQRP entirely at your specific direction and without applying professional judgment of any kind. 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 a third party service provider and the Internal Revenue Service’s judgment in approving the master plan or prototype plan used for the eQRP and subsequent amendments; the Company does not itself draft or amend the eQRP, hold itself out as being able to advise customers on which eQRP options to select, vouch for the Internal Revenue Service’s judgment, or make direct and particular recommendations about eQRP choices or eQRP maintenance with reference to your particular circumstances. Neither the eQRP 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 the eQRP, Third Party Administrator of the eQRP, Plan Administrator of the eQRP, Plan Sponsor of the eQRP, Registered or Certified Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. The eQRP 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. Before using the Information to make or implement an investment decision, you should seek 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 made by you. You are responsible for your own investment research and investment decisions in relation to the eQRP.
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 in-house legal counsel as a result of 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 eQRP. 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/or 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. 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 should review this disclosure with your independent legal, accounting and investment advisor. You should consult an attorney or tax advisor for specific legal or tax advice.
Acting upon the Information provided by the Company or on its Site represents a significant departure from current financial norms. Many experts consider the establishment and maintenance of a eQRP to be risky and unprofitable. The wide range of investment opportunities available to fund a eQRP, 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 eQRP. 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 eQRP may not be suitable for everyone. “Return on investment” and principal value of the assets held in your eQRP 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 eQRP Application.

The eQRP 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 eQRP Plan documents or to track investments, as applicable. From time to time, the eQRP 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 eQRP Application, when available, subject to all of the terms of this Agreement. This license allows you to access, download, and use the eQRP Application. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the eQRP 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 eQRP Application, its source code, features, functionalities or services. All rights not expressly granted to you are reserved by TCF and its licensors.

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 you should 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 the eQRP or any transactional opportunity offered by the Company, if any) based upon your own judgment and advice from those advisers you consider necessary.

7. No Warranty or Damages

NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE MADE OR GIVEN REGARDING THE EQRP, THE SITE, INCLUDING BUT NOT LIMITED TO THE EQRP APPLICATION, ALL COMPANY COMMUNICATIONS, AND ANY INFORMATION ON THE SITE; ALL SUCH REPRESENTATIONS AND WARRANTIES BEING HEREWITH DISCLAIMED. THE SITE, INCLUDING THE EQRP APPLICATION 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 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 the contents of the eQRP, its Site, the eQRP 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, 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 the contents of the eQRP, its Site, its Company communications, or the use of the site 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.

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, fill out a form or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To allow us to better service you in responding to your customer service requests.
  • To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect visitor information?

We do not use vulnerability scanning and/or scanning to PCI standards.

We only provide articles and information. We never ask for credit card numbers.

We use regular Malware Scanning.

We do not use an SSL certificate

  • We do not need an SSL because:

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:

  • Help remember and process the items in the shopping cart.
  • Understand and save user’s preferences for future visits.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:

If you disable cookies off, some features will be disabled It will turn off some of the features that make your site experience more efficient and some of our services will not function properly.

However, you can still place orders .

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.

Third-party links

We do not include or offer third-party products or services on our website.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We use Google AdSense Advertising on our website.
Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.
We have implemented the following:

  • Remarketing with Google AdSense
  • Google Display Network Impression Reporting
  • Demographics and Interests Reporting
  • DoubleClick Platform Integration

We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’ and can be easily be found on the page specified above.
Users will be notified of any privacy policy changes:

  • On our Privacy Policy Page

Users are able to change their personal information:

  • By calling us

How does our site handle do not track signals?

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?

It’s also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email

  • Within 7 business days

We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.
  • Process orders and to send information and updates pertaining to orders.
  • We may also send you additional information related to your product and/or service.
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM we agree to the following:

  • NOT use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at

  • Follow the instructions at the bottom of each email.

and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

 

TCF
100 Congress Ave #2000
Austin, TX 78701

Total Control Financial