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PAC Risk AssessmentSM
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- 10 Questions
- 3-5 Minutes
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Assess your personal wealth risk profile.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE.
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Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to email@example.com or a letter and self-addressed stamped envelope to: PAC Risk Assessment, 1000 Shelard Parkway, 6th Floor, St. Louis Park, MN 55426.
Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
Children and Eligibility
This Site does not intend to market any products or services to children under thirteen (13) years of age. The Site Owners do not knowingly gather or solicit data from children under thirteen (13) years of age through this Site for marketing purposes. By using this Site you represent that you are not under thirteen (13) years of age. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
You understand that Site Owners cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Site Owners do not assume any responsibility or risk for your use of the Internet; nor do Site Owners assume any responsibility for any products or services or hypertext links to third parties, or for any breach of security associated with your use of this Site or your transmission of sensitive information through the Site or any hyperlinked sites. Investors and other persons should use the Content in the same manner as any other informational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. Nothing on this Site should be construed as rendering tax, legal, investment, or accounting advice.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SITE OWNERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. SITE OWNERS DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. SITE OWNERS DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SITE OWNERS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SITE OWNERS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SITE OWNERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
This Agreement will remain in full force and effect while you use the Website.
The Website is for the personal use of individuals only and may not be used in connection with any commercial endeavors not expressly authorized by Myslajek Kemp & Spencer, Ltd. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of TheOxygenPlan.com, which may be revoked at any time, for any reason, in TheOxygenPlan.com’s sole discretion.
(a) Proprietary Rights. Myslajek Kemp & Spencer, Ltd. and Steven B. Spencer owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, trademarks, and other proprietary information of Myslajek Kemp & Spencer, Ltd. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the risk assessment, but not directly by Myslajek Kemp & Spencer, Ltd., are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Myslajek Kemp & Spencer, Ltd. does not: (i) guarantee the accuracy, completeness, or usefulness of any information from the risk assessment, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Steven B. Spencer, Myslajek Kemp & Spencer, Ltd., or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by others.
Myslajek Kemp & Spencer, Ltd. reserves the right to investigate and seek legal action if you have misused the risk assessment service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage:
- You will not impersonate any person or entity.
- You will not “stalk” or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by Myslajek Kemp & Spencer, Ltd. without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the website.
- You will not interfere with or disrupt the risk assessment process or the site or the servers or networks connected to the risk assessment or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not “frame” or “mirror” any part of the risk assessment or the Website, without Myslajek, Ltd.’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to website in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the risk assessment or the Website or cause others to do so.
Blocking of IP Addresses
In order to protect integrity, Myslajek Kemp & Spencer, Ltd. reserves the right at any time in its sole discretion to block individuals from certain IP addresses from accessing the Website.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Myslajek Kemp & Spencer, Ltd.
Attention: PAC Risk Assessment
1000 Shelard Parkway, 6th Floor
St. Louis Park, MN 55426
Limitation on Liability.
SITE OWNERS AND THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE SITE, OR THE INABILITY TO ACCESS THE SITE, EVEN IF SITE OWNERS OR A REPRESENTATIVE AUTHORIZED BY SITE OWNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SITE OWNERS AND THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
U.S. Export Controls
Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Jurisdiction and Choice of Law.
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Minnesota, in Minneapolis or Hennepin County, for the resolution of any such dispute.
Indemnity by You.
You agree to indemnify and hold Steven B. Spencer and Myslajek Kemp & Spencer, Ltd., its owners, subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the risk assessment in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
Myslajek Kemp & Spencer, Ltd.
Attention: PAC Risk Assessment
1000 Shelard Parkway, 6th Floor
St. Louis Park, MN 55426
Last updated: November 2012.
© 2012 Myslajek Kemp & Spencer, Ltd.
All rights reserved.
At Myslajek Kemp & Spencer, Ltd. we respect the privacy of our users and the importance of the information they entrust to us. We summarize below the basic information policies and practices in place.
Information we may collect
We may collect information that can identify you (“personal information”), such as your name and email address, (i) when you (or other users) provide it to us when using our website or in some other manner, or (ii) from and from other third parties. We may combine the personal information that we receive from different sources.
We also may collect other types of information in the following ways when you visit our website:
- Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users’ movements around our site and understand trends.
- We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience.
- We may use standard Internet tools, such as web beacons, which collect information that tracks your use of our website and enables us to customize our services and advertisements.
- We do not knowingly collect personal information from children under the age of 13. Should we ever do so, we will comply with the Children’s Online Privacy Protection Act.
Information others may collect
- We DO NOT allow third-party advertising companies or ad networks to display advertisements on our websites.
- We do not provide any personal information to companies.
- NO companies, other than Myslajek Kemp & Spencer, Ltd. may use tracking tools, such as cookies, to collect information about computers used to view or interact with their advertisements.
If you post information about yourself or others, or communicate with others using our website, please note that we cannot control who reads your postings or what they do with the information you provide. We encourage you to use caution in posting personal information.
How we may use information we collect
We may use information to:
- Fulfill your requests for products and services;
- Offer products and services that may be of interest to you;
- Customize the advertising and content that you see on our website;
- Facilitate use of our website;
- Manage your account and your preferences;
- Analyze use of and improve our website, products and services;
- Identify and protect against fraudulent transactions and other misuses of our website; and
With whom we may share information we collect
We will not share your personal information with others except as indicated below, or except when we inform you in advance and give you the opportunity to opt out. We may share personal information with:
- Service providers, such as credit-card payment processors, performing services on our behalf;
- Other businesses with which we partner or which we carefully select to offer you products, services, and promotions through our website or offline; and
- Other third parties in limited circumstances, such as complying with legal requirements, preventing fraud, and protecting the safety of our users.
- We may share aggregated, non-personal information in any of the above situations and also with advertisers and others.
You may choose:
- Not to provide personal information, although that may result in your inability to obtain certain services or use certain features of our website;
- To stop receiving promotional emails from us by sending an email to the contact address at the bottom of this policy or by visiting the Account Settings page associated with your account;
- To delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of our website may not function properly;
- To review and update your personal information by contacting us at the email address below or, if you have an online account on our website, by logging into that account.
We take appropriate physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.
How to contact us
Myslajek Kemp & Spencer, Ltd.
1000 Shelard Parkway
St. Louis Park, MN 55426
©2012 Myslajek Kemp & Spencer, Ltd. Corp. All rights reserved.
A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. When you sign in to your account on our website, we will record your user or member ID and the name associated with your user or member ID in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user’s computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may include web beacons in promotional (or other) e-mail messages or newsletters to determine whether messages have been opened and acted upon. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.