American Financial Solutions
Terms of Use
Last Updated: January 21, 2025
Welcome to American Financial Solutions' (AFS) website (www.myfinancialgoals.org). These Terms of Use apply to all web sites (including this one), the Client Portal and text message programs operated and controlled by American Financial Solutions (the “Sites”). These Terms of Use set forth legally binding terms that govern and restrict your use of the Sites.
YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITES CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE, INTERACT WITH, CREATE A CLIENT ACCOUNT, FILL-IN ANY FORMS OR INFORMATION, AND/OR REGISTER WITH THE SITES. THESE TERMS OF USE CONTAIN A MANDATORY BINDING ARBITRATION CLAUSE THAT GOVERNS OVER ALL DISPUTES THAT MAY ARISE HEREUNDER.
INTELLECTUAL PROPERTY OWNERSHIP. The Sites including but not limited to their entire contents, features, and functionality, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof are owned by AFS, its licensors, or other providers of such materials that AFS contracts with and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The names, trademarks, service marks and logos of AFS belong exclusively to AFS and are protected from reproduction, imitation, dilution, confusion and misleading uses under national and international trademark and copyright laws. All other trademarks, service marks and logos are the property of their respective owners. The use or misuse of such intellectual property provided through or displayed on the Sites is expressly prohibited and nothing stated or implied on the Sites confers any license or right to you under any patent, trademark, copyright or other intellectual property right with respect to AFS or any third party intellectual property except those limited rights outlined herein.
PERMITTED USE AND RIGHTS RELATED TO AFS SITES AND CONTENT. AFS grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Sites only for your personal use. You are authorized to view or download a single copy of the material on the Sites solely for your personal, noncommercial use provided you do not remove the copyright, or any other proprietary rights notices contained in such materials. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these terms and may violate U.S. copyright, trademark, and/or other laws. If you violate these Terms of Use, your permission to use the Sites automatically terminates and you must immediately discontinue use of the Sites and destroy all information and/or materials you have obtained or downloaded from the Sites.
Certain places within the Sites may allow users to post comments or communications that are publicly accessible and non-confidential. The content and communications posted within these areas is largely controlled by our users. AFS or the entity hosting such public area has no control over such content and cannot guarantee the accuracy or reliability of any such content or communications. You are solely responsible and liable for any material you post, and you agree that all information you provide through the Sites is accurate, current, and complete. AFS reserves the right to refuse access to the Sites if we suspect that information provided is inaccurate, not current, or incomplete. By submitting any such material or communication to the Sites, you warrant that you own or otherwise control all the rights to any content or communications submitted by you to the Sites and that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of another party. By submitting communications or content to any public part of the Sites, you agree that such submission is non-confidential and is not otherwise protected by any other law, including privacy, publicity, copyright or trademark law. If you make any submission to or communications on the Sites, you automatically grant to AFS, or warrant that the owner of such content has expressly granted to AFS, a royalty-free, perpetual, irrevocable, worldwide, unlimited, sublicensable (through multiple tiers), transferable, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed.
AFS and/or its agents reserves the right, but shall have no obligation, to investigate the Sites or your use of the Sites in order to (a) determine whether a violation of these Terms of Use has occurred, (b) comply with any applicable law, regulation, legal process or governmental request, or to (c) remove any postings, profiles, and to terminate your ability to post to the Sites at any time without notice, in its sole discretion. AFS also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials in whole or in part. Notwithstanding the foregoing rights of AFS, users shall remain solely responsible for the content of their communications and/or information posted to the Sites. You acknowledge and agree that AFS shall not assume or have any liability for any action, inaction or decisions made by AFS with respect to any conduct within the Sites or any communication or posting on the Sites.
PROHIBITED USES OF AFS SITES AND CONTENT. Prior to, during, throughout and after your use of the Sites, you are strictly prohibited from and shall not, without limitation, do any of the following, each of which constitutes a material breach of these Terms of Use:
- modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content on the Sites, the Sites, or any other services provided by AFS related thereto;
- use any data mining, robots, or similar data gathering and extraction tools on the Sites, frame, snip or capture any portion of the Sites or their content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute content obtained from the Sites or the Sites themselves in any manner, or harvest or otherwise collect information about others, including email addresses, without their consent, from the Sites
- circumvent or attempt to circumvent any features, tools or technical controls included in the Sites for preventing the unauthorized reproduction, distribution, or use of the Sites, or distribute viruses or other harmful computer code through the Sites;
- use the Sites in a way that violates applicable federal, state, local or international laws or regulations, including but not limited to, the posting of material that infringes on the rights of others, including copyrights, trademarks, trade secrets, publicity or privacy rights, is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by AFS in its sole discretion;
- post any communication that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or seeks to exploit or harm or attempt to exploit or harm minors in any way;
- export any data or software accessible via the Sites outside of the United States;
- transmit or prompt the sending of any advertising or promotional material including but not limited to posting advertisements, solicitations or spam links to other web sites or individuals;
- impersonate or attempt to personate AFS, its employees, users, customers, agents or assigns, or another business, person or entity, register on the Sites under more than one name and/or e-mail address, or allow any other person or entity to use your credentials for posting or viewing comments;
- engage in any other conduct that restricts or inhibits any other person from using or enjoying the use of the Sites, or which, in the judgment of AFS, exposes AFS or any of its customers, partners or suppliers to any liability or detriment of any type.
DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SITES AND THE CONTENT AND COMMUNICATIONS CONTAINED THEREIN ARE PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS AND AFS MAKES NO RESPRESENTATION OR WARRANTY OF ANY KIND TO YOU RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS THEREIN, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. AFS DISCLAIMS ALL IMPLIED WARRANTIES, LIABILITY AND/OR RESPONSIBILITY FOR THE AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SITES, THE ACCURACY OF ANY OPINION OR INFORMATION CONTAINED ON THE SITES, OR THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AFS SHALL CREATE A WARRANTY. AFS RESERVES THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE SITES WITH OR WITHOUT NOTICE AT ANY TIME AND WITHOUT LIABILITY TO YOU. UNDER NO CIRCUMSTANCES WILL AFS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES OR ANY SERVICES OFFERED VIA THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES. When using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of AFS, its partners, advertisers, and sponsors. Accordingly, AFS assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites. Certain parts of the Sites require registration and a login and password to enter. You are solely and strictly responsible for maintaining the confidentiality of your account and password used to register on the Sites and for restricting access to and keeping secure your computer or device. You agree to accept responsibility for all activities that occur using your account, password and device(s).
LIMITATION OF LIABILITY: In no event shall AFS, its partners, sponsors, advertisers, agents, suppliers or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising or resulting from the use or inability to use the Sites or the content or any communications on the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not AFS is advised of the possibility of such damages. In no event shall AFS’s total aggregate liability for any and all claims relating to the use of the Sites or services related thereto exceed the greater of the total amount of fees that you paid AFS during the one (1) year period prior to the event that gave rise to such claim, or $100.00. The limitations on liability herein shall not apply to the extent such liability cannot be limited under applicable law.
INDEMNFICIATION. By using the Sites, you agree to indemnify and hold AFS, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Sites and/or services related thereto.
PRIVACY. For information related to the information that we collect about you and your rights related thereto, please review our Privacy Policy.
THIRD-PARTY SITES. The Sites may contain links to other third-party websites or information. AFS is not responsible for the availability of these external sites, nor do we endorse the activities or services provided by these third-party sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on third-party sites. Technical or other support required related to third-party sites must be addressed directly with the owners or operators of such sites.
DISPUTE RESOLUTION. In the event of any complaint, dispute, claim, question, or disagreement arising from or relating to these Terms of Use, whether arising in contract, tort or otherwise, (“Dispute”), you agree to provide a written notice of such Dispute specifically setting forth the precise nature of the dispute (“Initial Notice of Dispute”) using the AFS contact information provided below. We shall consult and negotiate with each other in good faith and attempt to reach a just and equitable solution to the Dispute that is satisfactory to both parties (“Direct Dispute Resolution”). If the parties are unable to reach a resolution of the Dispute through Direct Dispute Resolution within sixty (60) days of the receipt of the written notice of Dispute, then the Dispute shall subsequently be resolved by arbitration as set forth below.
ARBITRATION. In the event a Dispute cannot be resolved through Direct Dispute Resolution, you and AFS agree to submit the Dispute to binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will occur in Seattle, Washington, but the parties may choose to appear by person, by phone, by another virtual means, or through the submission of documents. To the extent state law is applicable, the arbitrator shall apply the substantive law of the State of Washington.
CHANGES TO THESE TERMS OF USE. AFS reserves the right to change or modify, from time to time, these Terms of Use in our sole discretion. Such changes or modifications shall be effective upon posting to the Sites. Your continued use of the Sites following the posting of any changes or modifications to these Terms of Use constitutes your acceptance of the updated terms. If you do not agree to be bound by the modified Terms of Use, you may not access or use the Sites.
CONTACT US. If you have any questions about these Terms of Use, please contact us at:
American Financial Solutions
600 University Street, Suite 2409
Seattle, WA 98101
(888) 282-5494
suggestions@myfinancialgoals.org
TERMINATION AND SURVIVAL. AFS shall have the right to immediately terminate these Terms of Use with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of this Agreement. Those terms which are intended to survive the termination of these Terms of Use shall so survive, including but not limited to, the permitted and prohibited uses outlined herein, your indemnification obligations, our limitations of liability and dispute resolution/arbitration.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; AND (2) IRREVOCABLY CONSENTING TO ARBITRATION OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US AND SPECIFICALLY WAIVING YOUR RIGHT TO A JURY TRIAL.