ACCEPTANCE OF THE USER AGREEMENT AND ANY AMENDMENTS
This User Agreement states the terms and conditions under which you may use this website and all products, services, content, tools, and information available through the website (referred to collectively as the "Site" or the "Site Content"). The User Agreement is a binding contract between you and Pacific Global Fund Distributors, Inc. (“PGFD” or "we" or "us"). Please read the User Agreement carefully. by accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be legally bound by the User Agreement.
We operate this Site from offices within the United States of America. We do not represent that the information in this Site is appropriate or available for use in other locations. Access from certain locations may be strictly prohibited. Those who access this Site do so on their own initiative and are responsible for compliance with all applicable local laws or regulations. The laws of the State of California will govern any claims relating to the information contained on this Site. Your use of this Site is governed by the version of the User Agreement in effect on the date this Site is accessed by you. We reserve the right to change the Site and the User Agreement at any time, without notice. The date of any amendment will be shown on the first page of the User Agreement. If you use the Site after the amended User Agreement has been posted, you will be deemed to have agreed to the User Agreement, as amended.
This User Agreement is in addition to any other agreements between you and us, including any customer or Online Account agreements that govern your use of PGFD’s or our affiliates’ products, services, content, tools, and information available on this Site.
This Site is provided as a service only for your personal, non-commercial use, and for informational purposes only, by PGFD. It is not provided by Pacific Advisors Funds, Inc. ("PAF").
PGFD is a wholly owned subsidiary of Pacific Global Investment Management Company (“PGIMC”), the manager of each of PAF’s series portfolios (the “Funds”). PGFD is the exclusive distributor of the Funds and is located at 101 N. Brand Blvd., Suite 1950, Glendale, CA 91203.
U.S. RESIDENTS ONLY
This Site is intended for residents of the United States only. If you choose to access this Site from locations outside of the United States, you do so at your own initiative and risk, and are responsible for compliance with all applicable laws. The Funds are not offered to any person or entity where such offer, solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction and may not be available in all states. Please see our State Registration List for an up-to-date list of the jurisdictions in which each class of the Funds is currently available for offer, purchase, solicitation or sale. Please contact our FundsPhone at 1-800-989-6693 for more information. Nothing on this Site shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction. Securities products are offered for sale by prospectus only.
Nothing on this Site shall be considered an offer to provide any investment, tax, financial or legal advice or service to any person in any jurisdiction, and nothing on the Site should be construed as an investment recommendation or advice, by us or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. Any overviews provided through this Site are intended to be general in nature. You alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. While intended to be helpful, these overviews are not a substitute for professional, tax, financial or legal advice. You should seek such professional advice for your particular situation.
Fund Prospectus Offer, Performance, and Investment Risks
Prospectus Offer. For more information on any of our Funds offered in your state, contact your registered representative or financial advisor or download a prospectus , which contains important information about each Fund's investment goals, sales charges, expenses and risk considerations. Please read the prospectus carefully before investing.
Fund Performance. The principal values and investment returns of the Funds vary from day to day. When you sell your shares, they may be worth more or less than you paid for them. Past performance does not guarantee future results. Shares of the Funds are not deposits or obligations of any bank; are not insured by FDIC or any other agency; and involve investment risks, including the possible loss of the principal amount invested.
All of the funds are subject to certain risks. Generally, investments which offer the potential for greater returns are accompanied by a greater degree of risk. Stocks (equities) have historically outperformed other asset classes over the long term but tend to fluctuate in value more dramatically over the shorter term. Bonds and other debt obligations are affected by changes in interest rates (as interest rates increase, the bond prices generally decline) and the credit rating of their issuers. These and other risks that particular Funds may be subject to are discussed in the Fund’s prospectus.
Site Access. The Site is generally intended to be viewed by a conventional web browser with a screen resolution of 1280 by 1024 pixels or greater, such as Microsoft® Internet Explorer® 6.0. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for the settings on your browser to ensure that you are receiving the most recent data.
Permitted uses. PGFD grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access, and use this Site for your personal and non-commercial use only (the "Permitted Uses"). You agree to use the Site only for lawful purposes, for the Permitted Uses, and not for the Prohibited Uses, as defined below. You may print copies of the Site Content, provided such copies are made only for Permitted Uses and that these copies retain all copyright and notices and any legal content contained on the Site Content as shown on the screen or through a link. No other use of the Site is authorized.
Any other copying, publication or distribution, reproduction, or transmittal of the text or graphics of this Site, including, without limitation, linking or framing, is expressly prohibited.
Pacific Advisors Funds Logo Use Policy. The use of Pacific Advisors Funds logos or creating hyperlinks to our Site is prohibited.
Copyrights and trademarks. You acknowledge that this Site is protected by applicable copyrights, trademarks and other intellectual property laws. Any use of such proprietary material other than as permitted herein is expressly prohibited without the prior permission of PGFD and/or the relevant rights holder in writing. No permission is granted to copy, distribute, modify, post or frame-in the Site, including any text, graphics, video, audio, software code, user interface design or logos from the Site.
You may not include our corporate name or any of our trademarks or otherwise create an impression of a relationship or endorsement between any other party and us or our affiliates.
Additional product and service names and logos used and displayed on this Site may be trademarks or service marks owned by others. Nothing on this Site should be construed as granting any license or right to use any trademark or service mark displayed on this Site without the prior written permission in each instance of PGFD and/or the owner(s) of such other trademarks.
Prohibited Uses. You may not use the Site in any manner that could damage or overburden any of our computers or any network connected to our computers. You may not use the Site in any manner that would interfere with any other party's use of the Site. You are prohibited from any use of the Site that would give rise to liability or otherwise violate any applicable laws or regulations or the User Agreement. You may not publicly perform, publicly display, transmit, publish, participate in the sale or transfer of, modify, or create derivative works based on anything available through the Site, in whole or in part. You shall not store electronically any significant portion of any part of the Site. No reverse engineering, linking, framing, or modification of any part of this Site is allowed without our written approval. Any modification or unauthorized use is a violation of our copyrights and other proprietary rights. Use of PGFD or its affiliates’ logos or creating hyperlinks to our Site is prohibited unless authorized by us in writing.
ONLINE ACCOUNT ACCESS AND PRIVACY
Your online account access. By creating an online account, you may be able to access account information on this Site. If you maintain an online account, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities occurring under your account or password and you consent to the electronic transmission of your personal information which consent shall be in effect each time you use the Site. You agree to notify us immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password and/or account numbers. We will seek to protect your information following our receipt of notification in good order, but assume no responsibility or liability to you or any other person or entity for any disclosure, loss, theft or unauthorized use of your password and/or account numbers.
Password protected areas. Only authorized users may access or attempt to access password-protected and/or secure areas of the Site. Unauthorized individuals accessing or attempting to access these areas can be subject to criminal and/or civil prosecution.
Usage monitoring. We reserve the right, but do not have the obligation, to access, archive and/or monitor any use of this Site. By using the Site, you accept our right to access, archive and/or monitor usage to ensure service quality; to evaluate the Site, the security of the Site; compliance with the User Agreement; or for any other reason. You agree that our monitoring activities will not entitle you to any cause of action or other right with respect to our monitoring of your Site usage and our enforcement, or failure to enforce, the User Agreement. You further agree that in no event will PGFD be liable for any damages incurred by you as a result of our usage monitoring.
Limitation of Warranties. You acknowledge and agree that this Site is provided on an "as is" and “as available” basis, without any express or implied warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights, or freedom from errors, viruses, bugs or other harmful components. NONE OF PGFD, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "PGFD PARTIES") GUARANTEES THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE SITE.
The PGFD Parties do not guarantee or warrant that any part of this Site, including contents available for download, are free of viruses or other harmful code. It is your responsibility to take appropriate precautions, such as use of an anti-virus software package, to protect your computer hardware and software.
None of the PGFD Parties are responsible for any damages arising out of the use of, or inability to use, this Site or any of its content, even if the PGFD Party has been advised or should have been aware of the possibility of such damages.
You expressly agree that the entire risk as to the quality and performance of this Site and the timeliness, usefulness, accuracy or completeness of the Site is assumed solely by you. ALL OF THE PGFD PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE PGFD PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
You are responsible for your connectivity. You agree that you are responsible for the means you use to access the Site and understand that your hardware, software, the Internet, your Internet Service Provider, and other third parties involved in connecting you to our Site may not perform as intended or desired.
Not responsible for third party damages. PGFD also disclaims responsibility for damages third parties may cause to you through the use of this Site, whether intentional or unintentional. For example, you understand that hackers could breach our security procedures, and that PGFD will not be responsible for any related damages.
Cautions about future or "forward-looking" statements. Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance, upcoming product offerings or other projections are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 and involve risks and uncertainties. General business, market, economic and political conditions could cause actual results to differ materially from what we presently anticipate or project.
Internet e-mail. We discourage you from using e-mail for sending confidential or sensitive information. If you send e-mail (encrypted or not) to us over the Internet, you are accepting the associated risks of lack of confidentiality.
No reliance on data. Reasonable precautions have been taken to ensure that Site Content, including account information and pricing data, are complete and accurate. However, due to issues related to the delivery of information to the Site, we are unable to assure the accuracy of the data you access through this Site. Site Content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. We have no duty to update this Site or any Site Content. We shall not be liable to you or to any third party for any damages arising from any investment decisions make by you based on the data presented on this Site.
LIMITATION OF LIABILITY
if you are dissatified with your use of our site, we encourage you to tell us of your concerns, although we do not agree to make any change and further recommend that you discontinue use of the site and use non-electronic media to access information. You agree that under no circumstances will PGFD Parties be liable for any damages, whether direct, indirect, incidental, consequential, special, punitive or exemplary damages (collectively, the “excluded damages”), arising out of, or in any way connected to, your use of or inability to use this Site, including, but not limited to: LOSS OF REVENUE, TRADING LOSSES, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR data; failure of performance, denial of service, attack, interruption, delay in operation, defect, operator error, transmission or computer virus; failure of electronic, mechanical or communication equipment; severe weather, Act of God, fire, war, insurrection, terrorist act, riot, labor dispute, or other labor problems, accident, emergency or action of government; third party theft of, destruction of, unauthorized access to, alteration of or use of your information, equipment, or property, even if we have been advised of the possibility, or could have foreseen the excluded damages. Further, the PGFD Parties will not be responsible for any failure, by you or any third party, to comply with this User Agreement or with applicable laws.
These limitations of liability will apply regardless of (I) any negligence or gross negligence of any PGFD Party OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; and will remain in effect even if any remedy fails in its essential purpose. The above limitation of liability or exclusion of warranties may not BE allowed by some States. In these States, the PGFD Parties’ liability will be limited to the greatest extent permitted by law. IN NO EVENT SHALL THE PGFD PARTIES' AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
As a condition of your use of the Site, you agree to make the PGFD Parties and their third party providers whole for any and all claims, losses, liabilities and expenses (including but not limited to attorneys' fees) arising from or related to any use of the Site or your violation of the User Agreement.
GOVERNING LAW, TERMINATION, AND MISCELLANEOUS
Our failure to enforce any provision(s) of the User Agreement shall not be construed as a waiver of any provision or right. This Site is controlled and operated by PGFD from its offices in California in the United States of America. The laws of the State of California govern the User Agreement. If you take legal action relating to the User Agreement or to this Site, you agree to file such action only in the state courts of the City and County of Los Angeles, California, or the United States District Court for the Southern District of California, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
If any provision of the User Agreement is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.
You shall comply with all laws, rules and regulations by any governmental authority or agency which govern or apply to the operation and use of the Site. Without limiting the foregoing, you agree to comply with such restrictions and not to export or re-export any of the Site to countries or persons prohibited under the export control laws of the United States.
The User Agreement inures to the benefit of PGFD, its successors and assigns. You may not assign the User Agreement. No waiver shall be effective unless in writing. All rights not expressly granted herein are reserved by PGFD.
You acknowledge and agree that we may restrict, suspend or terminate the User Agreement or your access to, and use of, all or any part of the Site, at any time, with or without cause, including but not limited to any breach of the User Agreement, in our absolute discretion and without prior notice or liability. The relevant version of the User Agreement shall continue to apply to all prior use of the Site. The following paragraphs of this User Agreement shall survive termination of your use or access to the Site: paragraphs concerning Disclaimers, Limitation of Liability, Indemnification, Governing Law, Termination and Miscellaneous of the User Agreement, and any other provision that by its terms survives termination of your use of, or access to, the Site.