Term & Privacy

2021 Apollo Risk Management - Terms, Disclosures, and Privacy Policy

Apollo Risk Management is an educaion, software aggregation and professional networking platform utilizing authorized licensed software from multiple partners. Apollo Risk Management is NOT a investment management, tax or legal firm and is not registered with the Securities and Exchange Commission as an investment advisor or a broker-dealer. Apollo Risk Management does not own the software used on the platform and therefore has no control over the software, its functions or the accuracy of the software utilized on the platform.

The platform does not provide direct financial advice to participants. Financial advice is only provided by licensed professional advisors affiliated and unaffiliated with the Apollo Risk Management Platform. Investment advisory services are provided through direct contract with AdvisorShare Wealth Management. All affiliated advisors are fiduciaries registered with the SEC through non-affiliated financial firms. SEC registration does not constitute an endorsement of the firm by the Commission nor does it indicate that the advisor has attained a particular level of skill or ability. All affiliated Advisors are required by law to provide prospective clients a copy of the Advisors and their firms ADV-2 prior to conducting business. Protect & Prosper subscribers agree to hold Apollo Risk Management harmless from any claims arising from recommendations made by affiliated Advisors or transactions undertaken by subscribers who agree will not hold Apollo liable in any way for any consequences or perceived damages that may arise through the use of the Services.

DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS.

IN PARTICULAR, APOLLO RISK MANAGEMENT, ITS OFFICERS AND DIRECTORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR FREE FROM ERROR, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE NOTIFIED TO THE APPROPRIATE SOFTWARE COMPANIES TO BE CORRECTED AT THEIR DISCRESION.

The Protect & Prosper Portal Platform is an annual subscription service. Participants may opt out of the service by providing written notification 15 days prior to their enrollment anniversary date. Portal access through the workplace employee benefit programs are subject to seperate terms and conditions as outlined in plan engagement agreement.

2021 Apollo Risk Management Privacy Policy

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Platforms. By accessing or using our Platforms, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of the Platforms after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

WE DO NOT AND WILL NEVER SELL PERSONAL SUBCRIBER INFORMATION COLLECTED TO A THIRD PARTY FOR ANY REASON. PERIOD.

Personal Information We Obtain

The data we obtain varies based on the Platforms you use. We obtain personal information through your interaction with the Advisors using the Platforms, such as when you:

Register and create an account; Purchase a subscription for the Apollo Platform; Request information, services or products (including money management services and insurance products) Participate in Apollo events, surveys, questionnaires, research or evaluations; Obtain customer support; Correspond with us or request information from us.

The types of personal information we obtain include:

Contact information (such as name, email address, telephone number, postal or other physical address); Information used to create your online account (such as username and password); Biographical and demographic information (such as gender, date of birth, marital status, job title/position and occupation); Billing and financial information (such as name, billing address, payment card details and bank account information and purchase history); Details about current employment; Location data (such as data derived from your IP address, country and zip code); Information related to participation in employer provided benefit programs; Information necessary to provide support or other paid consulting services Personal information contained in content you submit to us (such as through our “Contact” feature or messaging); Other personal information we obtain through our Platforms.

Please note that providing personal information to us is voluntary on your part. If you choose not to provide us certain information, we may not be able to offer you certain products and services, and you may not be able to access certain features of the Platforms.

We use the information we obtain to:

Provide and administer our products and Platforms (including websites and other Platforms for which you have registered); Process and fulfill orders in connection with our products and services and keep you informed about the status of your order; Help you complete a transaction or order and provide customer support; Bill you for products and services you purchased; Provide training, support and consulting services; Create and manage your account with our software vendors; Operate, evaluate and improve our business (such as by administering, developing, enhancing and improving our products and services; managing our communications and customer relationships; and performing accounting, auditing, billing, reconciliation and collection activities); Perform data analytics (such as research, trend analysis, financial analysis and customer segmentation); Communicate with you about your account and orders (including sending emails relating to your registration, account status, order confirmations, renewal or expiration notices and other important information); Conduct marketing and sales activities (including sending you promotional materials, generating leads, pursuing marketing prospects, performing market research, determining and managing the effectiveness of our advertising and marketing campaigns and managing our brand); Communicate with you about, and administer your participation in, events, programs, promotions and surveys; Verify your identity and protect your account against unauthorized use or abuse of our services; Protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; Comply with and enforce relevant industry standards, contractual obligations and our policies; Maintain and enhance the security of our Platforms, products, network services, information resources and employees; Respond to your inquiries.

We may combine data collected from you with other sources to help us improve the accuracy of our marketing and communications as well as to help expand or tailor our interactions with you. This includes combining personal information we obtain through our Platforms, as well as other information (such as referral programs), for the purposes described above. We may anonymize or aggregate personal information and use it for the purposes described above and for other purposes to the extent permitted by applicable law. We also may use personal information for additional purposes that we specify at the time of collection. We will obtain your consent for these additional uses to the extent required by applicable law.

Where required by applicable law, we will obtain your consent for the processing of your personal information for direct marketing purposes.

How To Contact Us:

If you have any questions or comments about our disclosures or Privacy Policy or if you would like us to update information we have about you or your preferences, please contact us by email at [email protected] or write to us at:

Apollo Risk Management

1302 SW Evergreen Lane

Palm City, FL 34990

Onpoint Terms and Conditions

1. Agreement. Your use of OnPointe products and software services and any other services or web sites provided to you by OnPointe (the “Services”) is subject to these Terms of Service and our Privacy Policy (collectively referred to as the “Terms”). This agreement is between you and OnPointe Software. (“OnPointe”).

2. Acceptance. By using one or more aspects of the Service, you hereby agree to the Terms. You accept these terms by either (a) clicking to “agree” or to “accept” the Terms when opening a user account or logging onto your user account to access the Services, or by (b) using the Services. You may not use the Services or accept the Terms if (a) you are younger than 18 or you are not of legal age to form a binding contract with OnPointe, or (b) you are a person barred from receiving the Services under any applicable laws or regulations. OnPointe reserves the right to amend these Terms at any time by posting the amended terms to its web site or otherwise providing you notice of the amended Terms. Your continued use of the Services constitutes acceptance of such amended terms. If you do not agree with these Terms (as amended from time to time), your sole and exclusive remedy is to discontinue using the Services.

3. Not Investment Advice. The Services are for informational purposes only and do not constitute investment advice or an investment recommendation offered by OnPointe. OnPointe is not registered with the Securities and Exchange Commission as an investment advisor or a broker-dealer. You agree and acknowledge that OnPointe, its employees and its agents, are not financial advisors, financial planners or broker-dealers, and each cannot advise you or your clients through the Services or otherwise. You acknowledge that OnPointe and/or its affiliates may earn revenue from third parties based on your use of the Services.

You agree and acknowledge that OnPointe makes no representation as to the suitability of the Services for any purpose, and OnPointe will not be held liable in any way for any consequences or damages that may arise through your use of the Services. You agree and acknowledge that OnPointe may modify the Services from time to time.

OnPoint is utilized on the Protect & Prosper Platform by a licensed investment advisor, a licensed insurance agent or a qualified administrator employed by a licensed entity or individual licensed to sell or offer securities or insurance products under applicable law. You agree and acknowledge that if you choose to make any investment decisions for your clients in reliance on information you receive from the Services, you do so at your own risk and based on your own independent judgment. You acknowledge and agree that OnPointe is not representing itself as a broker-dealer or financial or investment advisor, and that OnPointe does not independently evaluate the suitability of or recommend any investments for you or your clients. You agree and acknowledge that the information provided in the Services will not be construed as an offer to sell, an offer to buy, or a recommendation for or against any security by OnPointe or any third party. OnPointe will not be responsible for any trading decisions, damages or other losses resulting from your use of the Services. You agree that you will be responsible for effecting underlying investment transactions for all accounts under your management and supervision.

You acknowledge that you are the fiduciary advisor and maintain responsibility for your client accounts, and as a technology service provider, OnPointe cannot be a fiduciary or be responsible for ensuring trade execution is effective.

4. Third Party Asset Managers. The Services may provide access to data, analytics, research, portfolio models, products and/or the calculation of potential securities trades you may or may not choose to place with the custodians and/or broker-dealers who you utilize to manage your client assets. The third party asset managers, strategists or research firms who you access via the Services (the “Third Party Asset Managers”) are not personalizing the materials they provide through the Services, are not making investment recommendations to you, and are not acting as investment advisers or fiduciaries to your clients. You hereby agree and acknowledge that you are the sole investment adviser and/or fiduciary for your clients. 5. Client Monitoring. You agree that OnPointe and the Third Party Asset Managers are not responsible for collecting or reviewing any information about your clients, or determining whether any investment strategy or security is or continues to be appropriate for the client’s objectives or restrictions. Neither OnPointe or the aforementioned third parties are responsible for verifying client identities or compliance with anti-money laundering rules and regulations administered by the US Treasury Department’s Office of Foreign Assets Control. You agree that you, as the sole licensed investment adviser and/or fiduciary to the investor, are solely responsible for performing the foregoing duties.

6. Privacy. For information about OnPointe privacy policies, please read our Privacy Policy, accessible at onpointeriskanalyzer.com/privacy-policy. You agree to the use of your data in accordance with that policy.

7. Data Security. OnPointe agrees to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures. Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

We restrict access to personal information to only the OnPointe employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

8. Intellectual Property Rights. The Services are protected by a combination of copyright, trade secret laws and patent protection. Portions of the Services contain information and data from third party providers, subject to their own copyright provisions. You acknowledge and agree that OnPointe and our third-party licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of your use of the Services, except for the limited right to use the Services in accordance with the Terms. Other product and company names that are mentioned in the Services or provided as part of the Services may be trademarks of their respective owners. The content contained in the Services is owned by or licensed to OnPointe. This includes, without limitation, the text, software, scripts, graphics, photos, video, sounds, interactive features and the trademarks, service marks and logos contained therein. Any content or information provided by OnPointe through the Services is provided to you “AS IS” for informational purposes only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes. We reserve all rights not expressly granted in and to the Services. You agree not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof.

9. Confidentiality. Subject to your duty to comply with applicable laws, including the demand of any applicable regulatory or taxing authority, OnPointe hereby agrees to keep confidential all information concerning the financial affairs and matters of you, your advisors and their clients, and will not reproduce or distribute the same to any party at any time, except for the purposes of this Agreement, without you prior written consent. You hereby agree to keep confidential all information concerning the financial affairs and matters of OnPointe, including research, development, products, software, source code, trade secrets, forms, procedures or business affairs and will not disclose, reproduce or distribute the same to any party at any time. Both you and OnPointe may comply with a valid and lawful legal process or government order to disclose information, but will immediately notify the other party of their compliance with that order, to the extent permitted by law. All terms of any agreement entered into between you and OnPointe are considered confidential and will not be disclosed by either you or OnPointe. Upon termination, both OnPointe and Customer agree to maintain the confidentiality of all confidential information received from the other party under this Agreement.

10. Use of the Services. You acknowledge that each OnPointe user account is designed, intended and licensed for use by a single named user only. You must use your personal email address for authentication and compliance purposes. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your user account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security. OnPointe cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you become aware of any unauthorized use of your password or of your user account, you agree to notify OnPointe immediately at [email protected]

You agree to provide accurate and correct information about your identity, your firm, and your status as a licensed investment advisor, licensed insurance agent or qualified administrator of a licensed investment advisor or licensed insurance agent. You agree to use the Services only for purposes that are permitted by (a) the Terms, and (b) any applicable laws or regulations. You agree not to access any of the Services by any means other than the interface provided by OnPointe. You specifically agree not to use automated means (including the use of scripts or web crawlers) to access the Services. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, or use the outputs of the Services in general mailings, mass communications or advertisements without the express written consent of OnPointe. 11. Fair Use Policy. You agree that the Services are subject to a fair use policy, which is detailed below. If we provide notice of non-compliant usage, and you refuse to correct your compliance, OnPointe reserves the right to charge up to twelve (12) months in arrears for the actual fair usage of the Services, and to adjust your billing for the remainder of your contract term to reflect your actual fair usage of the Services at the time of notice.

The Fair Use Policy is as follows: OnPointe user accounts may not be shared between multiple individuals, or used by one individual to produce the outputs of the services en masse for multiple advisors. OnPointe user accounts licensed only for administrative assistants may not be used by individuals holding a securities license who meet with clients and/or provide advice. For example, if you present the individual as an advisor or representative of your firm on your web site, they do not qualify for an administrative assistant license. OnPointe reserves the right to determine which named individuals may qualify, to change that determination if their role with your firm changes, and to limit the number of administrative assistant licenses available to you.

12. License to Use Marketing Resources. Subject to your continued status as a paying customer in good standing, OnPointe hereby grants you a limited, non-exclusive, non-transferrable license to utilize its logo and brand images, marketing copy, content resources, white papers, print collateral, slide decks and other marketing resources (the “Marketing Resources”) provided to you, for the sole purpose of promoting your advisory and/or insurance firm’s use of the Services in your marketing communications directed at acquiring and/or retaining clients. You agree to utilize the Marketing Resources in accordance with any Brand Image Guidelines provided to you by OnPointe. You agree to cease and desist from the use of the Marketing Resources if (a) you terminate your OnPointe account and are no longer a paying customer, or (b) OnPointe requests in writing that you do so for any reason.

13. Billing, Payment and Term of Contract. The Services are licensed to you under a contract that you enter into with OnPointe at the time of your subscription. The terms of your contract are encapsulated in an order form that we email to the “account owner” at the time of purchase. If you did not receive or cannot find a copy of your order form, simply request one by sending an email to [email protected]

Any additional user licenses, add-ons or other services added during the course of your contract will be committed for the remainder of your current contract term, unless otherwise noted on an Order Form for the additional licenses, add-ons or services. All fees are non-refundable once billed. If you believe you have been billed in error, please email [email protected] and we will be glad to assist.

14. Ending your Relationship with OnPointe. In order to provide notice of non-renewal and terminate the Services, you must provide written notice to OnPointe via electronic mail at [email protected] or via postal mail to the address which is set out at the beginning of these Terms. Termination is deemed effective when you receive a message from the OnPointe Billing Team that your cancellation has been processed.

Once OnPointe has processed your cancellation, your access to and payment for the Services will continue for the remainder of your contract term. If there is no deadline for notice of non-renewal specified on your order form, such notice of non-renewal must be received by OnPointe thirty (30) days in advance of your next billing date.

OnPointe may, at any time, terminate your account and refuse access to the Services with you if (a) you have breached any provision of the Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Terms); (b) OnPointe is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) you are no longer a licensed investment advisor, licensed insurance agent or qualified administrator of a licensed investment advisor or licensed insurance agent; (d) OnPointe is transitioning to or no longer providing the Services to users in the jurisdiction in which you are resident or from which you use the Services; (e) the provision of the Services to you by OnPointe is, in OnPointe’s sole discretion, no longer commercially viable; (f) your communication with OnPointe employees is abusive or threatening, in OnPointe’s sole discretion; or (g) you do not pay the amounts due for the Services according to the Terms.

Upon termination, all of the legal rights, obligations and liabilities that you and OnPointe have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this termination, including the provisions of the “General Legal Terms” and “Conflict of Laws” sections below.

15. DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS.

IN PARTICULAR, ONPOINTE, ITS OFFICERS AND DIRECTORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR FREE FROM ERROR, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THATRESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONPOINTE OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

ONPOINTE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-

INFRINGEMENT.

BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

16. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONPOINTE, ITS OFFICERS AND DIRECTORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS WILL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF YOUR OR ONPOINTE’S ACTIONS; ANY CHANGES WHICH ONPOINTE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;YOUR FAILURE TO PROVIDE ONPOINTE WITH ACCURATE ACCOUNT INFORMATION; ALL OF THE LIMITATIONS ON ONPOINTE’S LIABILITY TO YOU WILL APPLY WHETHER OR NOT ONPOINTE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ONPOINTE, ITS OFFICERS OR DIRECTORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIFTY UNITED STATES DOLLARS ($50.00).

17. Indemnification You agree to defend, indemnify and hold harmless OnPointe, its officers and directors, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or their partners, and any of their successors or assigns, and any of their respective officers, directors, agents or employees (the “Released Parties”) from any loss, damages, liabilities, costs, expenses, including reasonable attorney fees, claims and proceedings arising out of or relating to: (a) your or your Advisor’s use of the Services; and (b) any alleged breach of the Terms by you.

18. General Legal Terms. The Terms, combined with your order form, constitute the whole legal agreement between you and OnPointe and govern your use of the Services, and completely replace any prior agreements between you and OnPointe in relation to the Services. If you have entered into an Enterprise Customer Agreement or a Master Services Agreement with OnPointe, it is agreed that those terms may supersede these Terms of Service if they clearly state that is the case. You agree that if OnPointe does not exercise or enforce any legal right or remedy which is contained in the Terms (or which OnPointe has the benefit of under any applicable law), this will not be taken to be a formal waiver of OnPointe’s rights and that those rights or remedies will still be available to OnPointe. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with OnPointe under the Terms, will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree that any dispute regarding the interpretation or enforcement of the terms will be decided by confidential, final and binding arbitration conducted by a mutually agreed to arbitrator located within the County of Berrien, State of Michigan, United States of America. The filing fees and arbitrator’s fees and costs in such arbitration will be borne by the non-prevailing party. The parties will be entitled to reasonable discovery of essential matters as determined by the arbitrator. In the arbitration, the parties will be entitled to all remedies that would have been available if the matter were litigated in a court of law. Notwithstanding this, you agree that OnPointe will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

OnPointe may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of OnPointe, and any such attempted assignment will be void and unenforceable.

Last Modified October 24, 2018

ThomasGold Retirement Analyzer Disclaimer 9/1/2020 Version

This web site and the materials contained herein are a conglomeration of information made available to agents in assisting consumer retirement planning. Thomas Gold Solutions is not responsible for assumptions, projections and conclusions reached by the agent or the consumer. While Thomas Gold Solutions has made every effort to maintain accuracy of information provided by this site, it cannot and does not GUARANTEE the accuracy of all calculations and is not responsible for errors and omissions. Any errors or discrepancies, noted, should be reported immediately to Thomas Gold Solutions so they may be corrected.

Thomas Gold Solutions, LLC and its subsidiaries (“TGS”), respect your concerns about privacy and are committed to protecting it through our compliance with this Privacy Policy. References in this Privacy Policy to “TGS”, “we”, “us”, and “our” are references to the TGS entity responsible for the processing of your personal information, which generally is the TGS entity that collects your personal information.

This Privacy Policy describes the types of personal information we obtain, how we may use that personal information, with whom we may share it and how you may exercise your rights regarding our processing of that information. The Privacy Policy also describes the measures we take to safeguard the personal information we obtain and how you can contact us about our privacy practices. This Privacy Policy applies to the personal information we obtain through TGS websites, training services, communications between you and TGS, and other tools offered by TGS that reference this Privacy Policy (the “Platforms”). This Privacy Policy does not apply to other TGS products and services that post or reference separate privacy policies.

In connection with providing support, cloud and other services related to the TGS Retirement Analyzer, TGS processes certain data maintained in environments that TGS may access to perform cloud, consulting and support services (“Customer Content”) on behalf of and at the direction of its customers and partners, as well as log data (e.g., regarding access and authentication requests) that we collect for analysis and security purposes across our services.

Frequently Asked Questions:

Will I have unrestricted access to my Customer Content if I decide not to continue with TGS? No, to continue to access your Customer Content over the TGS platform, you must continue to subscribe and pay for TGS’s services. When I delete my Customer Content, will any of it remain available? Certain Customer Content may remain available for a period of time after deletion, so that you can work with customer support to access inadvertently deleted information. Does TGS notify me of security breaches? Yes, except for in the rare cases where TGS may be restricted by law from notifying you, TGS will provide prompt notification of any security breaches. Such notification will be provided on or before the expiration of any notification timelines required by state law or federal statute. Does TGS sell or share my Customer Content without written permission from me? No, TGS does not sell your data without your permission. Certain third party service providers (bound by contractual confidentiality obligations) to TGS may have access to the data in connection with the services provided to TGS and TGS may be compelled by law to share data in certain limited circumstances (for example, if subpoenaed), but TGS does not otherwise share Customer Content. Does TGS agree to notify me if any of my Customer Content is subpoenaed, and agree to give me reasonable time to respond before producing the requested data? Yes, so long as TGS is not restricted by law or advice of legal counsel, TGS will notify you if your Customer Content is subpoenaed.

Use of Platforms Subject to End-User Agreements

Our use of such Customer Content and log data is subject to the terms of our end-user customer agreements and is not governed by this Privacy Policy. In contrast, the information we collect through our customers’ and partners’ use of our Platforms (such as names, addresses, billing information and employee contact information) and through our offline interactions with customers and partners is subject to the terms of this Privacy Policy.

Applicability of This Privacy Policy

Personal Information We Obtain

The data we obtain varies based on the Platforms you use. We obtain personal information through your interaction with the Advisors using the Platforms, such as when you:

Register and create an account; Sign up for a free trial of the TGS Retirement Analyzer; Purchase a subscription for the TGS Retirement Analyzer; Request products (including product evaluations, trials, tech preview and beta downloads), services or information; Participate in TGS events, surveys, questionnaires, research or evaluations; Obtain training and/or support; Correspond with us or request information from us.

The types of personal information we obtain include:

Contact information (such as name, email address, telephone number, postal or other physical address); Information used to create your online account (such as username and password); Biographical and demographic information (such as gender, date of birth, marital status, job title/position and occupation); Billing and financial information (such as name, billing address, payment card details and bank account information and purchase history); Details about current employment; Location data (such as data derived from your IP address, country and zip code); The geolocation of your device; Information about your computer and internet connection, including your IP address, operating system, and browser type that we obtain through the use of cookies, web beacons and similar technologies (see our description of Cookies and Other Technologies below); Information related to participation in training services; Information necessary to provide support or other paid consulting services (such as contact details, chat services, support details, and event history); Personal information contained in content you submit to us (such as through our “Contact” feature or messaging); Other personal information we obtain through our Platforms.

How We Use Personal Information

We use the information we obtain to:

Provide and administer our products and Platforms (including websites and other Platforms for which you have registered); Process and fulfill orders in connection with our products and services and keep you informed about the status of your order; Help you complete a transaction or order and provide customer support; Bill you for products and services you purchased; Provide training, support and consulting services; Create and manage your account with TGS; Operate, evaluate and improve our business (such as by administering, developing, enhancing and improving our products and services; managing our communications and customer relationships; and performing accounting, auditing, billing, reconciliation and collection activities); Perform data analytics (such as research, trend analysis, financial analysis and customer segmentation); Communicate with you about your account and orders (including sending emails relating to your registration, account status, order confirmations, renewal or expiration notices and other important information); Conduct marketing and sales activities (including sending you promotional materials, generating leads, pursuing marketing prospects, performing market research, determining and managing the effectiveness of our advertising and marketing campaigns and managing our brand); Communicate with you about, and administer your participation in, events, programs, promotions and surveys; Verify your identity and protect your account against unauthorized use or abuse of our services; Protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; Comply with and enforce relevant industry standards, contractual obligations and our policies; Maintain and enhance the security of our Platforms, products, network services, information resources and employees; Respond to your inquiries.

Where required by applicable law, we will obtain your consent for the processing of your personal information for direct marketing purposes.

Cookies and Other Technologies

TGS uses cookies, web beacons (including pixels and tags), and similar technologies on our Platforms that collect certain information about you by automated means. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.

We use these automated technologies to collect information about your equipment, browsing actions, and usage patterns. The information we obtain in this manner includes IP address and other identifiers associated with your devices, types of devices connected to our Platforms, device characteristics (such as operating system), language preferences, referring/exit pages, navigation paths, access times, browser preferences and characteristics, installed plugins, local time zones, local storage preferences, clickstream data and other information about your online activities. Some of these cookies are session cookies (which are automatically deleted when you close your browser) and others are persistent cookies (which remain on your computer or other Internet-connected device for a period of time after you end your browsing session, unless you delete them).

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Platforms. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.

To the extent required by applicable law, we will obtain your consent before using cookies or similar tools.

How We Share Your Personal Information

We do not sell or otherwise disclose personal information about you except as described in this Privacy Policy or at the time of collection. TGS may share personal data in the following ways:

If sharing your data is necessary to provide a product, service or information you have requested; To keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear; Within TGS (including among affiliates and subsidiaries) for the purposes described in this Privacy Policy; With our customers to report and help manage issues requiring support or as part of consulting services; With our customers and partners to inform them about their users’ use of our services; with service providers we have engaged to perform services on our behalf (such as payment processing, order fulfillment, data storage, data protection, and data analytics). These service providers are contractually required to safeguard the information provided to them and are restricted from using or disclosing such information except as necessary to perform services on our behalf or to comply with legal requirements.

We also may disclose personal information about you (1) if we are required or permitted to do so by applicable law, regulation or legal process (such as a court order or subpoena), (2) to law enforcement authorities or other government officials to comply with a legitimate legal request, (3) when we believe disclosure is necessary to prevent physical harm or financial loss to TGS, its users or the public as required or permitted by law, (4) to establish, exercise or defend our legal rights, and (5) in connection with an investigation of suspected or actual fraud, illegal activity, security or technical issues.

In addition, we reserve the right to transfer to relevant third parties information we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation) or other business transaction.

We also may share the information in other ways for which we provide specific notice at the time of collection and obtain your consent to the extent required by applicable law.

Your Rights and Choices

To the extent provided by the law of your jurisdiction, you may request access to the personal information we maintain about you or request that we correct, update, amend or delete your information, or that we restrict the processing of such information by contacting us as indicated below. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. To the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your personal information that we maintain. Depending on your location, you may have the right to file a complaint with a government regulator if you are not satisfied with our response.

When you use our Platforms, both we and certain third parties (such as our advertising networks, digital advertising partners and social media platforms) may collect personal information about your online activities, over time and across third-party websites. Certain web browsers allow you to instruct your browser to send Do Not Track (“DNT”) signals to websites you visit, informing those sites that you do not want your online activities to be tracked. Your use of such DNT signal may restrict or reduce your ability to use our Platforms.

Where provided by law, you may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward. This will not affect the lawfulness of our use of your information based on your consent before its withdrawal.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards, consistent with legal requirements where the personal information was obtained, designed to protect against unlawful or unauthorized destruction, loss, alteration, use or disclosure of, or access to, the personal information provided to us through the Platforms.

Retention of Personal Information

To the extent permitted by applicable law, we typically retain personal information we obtain about you for as long as it is needed (1) for the purposes for which we obtained it, in accordance with the terms of this Privacy Policy, which generally means that we will keep your personal information for the duration of our relationship or as long as you keep your account open with us; or (2) to take into account applicable statute of limitation periods and comply with applicable laws, resolve disputes and enforce our agreements. To the extent provided by the law of your jurisdiction, you may request that we delete your information or restrict the processing of such information by contacting us as indicated below.

Notice to California Residents

Subject to certain limits under California law, California residents may ask us to provide them with (1) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (2) the identity of those third parties. To obtain this information, please send an email to [email protected] with "California Shine the Light Privacy Request" in the subject line and in the body of your message.

Children’s Personal Information

The Platforms are designed for a general audience and are not directed to children under the age of 13. We do not knowingly collect or solicit personal information from children under the age of 13 through the Platforms. If we become aware that we have collected personal information from a child under the age of 13, we will promptly delete the information from our records. If you believe that a child under the age of 13 may have provided us with personal information, please contact us at [email protected]

Changes to Our Privacy Policy

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our information practices. We will indicate at the top of this Privacy Policy when it was most recently updated. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices.

How To Contact Us:

If you have any questions or comments about this Privacy Policy or if you would like us to update information we have about you or your preferences, please contact us by email at [email protected] or write to us at:

Thomas Gold Solutions

3100 West Ray Road

Suite 201

Chandler, AZ 85226