Terms of Service, Site
Last updated: August 2019
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.pocketnest.com website (the "Service") operated by Pocketnest ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. if you don't agree with these terms, you should not use the service. These Terms apply to all visitors, users and others who access or use the Service. Users must be at least 18 years of age to use this site.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
A portion of these Terms of Service is licensed by TermsFeed Generator and CooleyGo Terms of Service, to Pocketnest.
Description of Service
Pocketnest is a personal financial planning service that assists you in a do-it-yourself manner to prepare a financial plan and organize your personal finances. It is provided to our users free of charge as we are compensated by affiliate income. We may also include a service that provides you a credit summary, educational resources, third party products you may be interested in and general financial tips. We are not a registered investment adviser, we are not brokers and we are not tax advisers. Our services are not intended to provide legal, tax or standalone financial advice. Our services are intended only to assist you in preparing your plan based solely on the data you input into our platform. All advice is dependent on the data you input, which must be complete. This should NOT be the only advice you seek. Your financial situation is unique and any service we provide may not be appropriate for your individual situation.
It is important to us to keep Pocketnest free to our users and we believe everyone should have a complete financial plan. By not charging our users, we are compensated by third party affiliates as we make recommendations for our users. Compensation is paid in some scenarios when a user clicks-through, enrollments or spends. We do not pick affiliates at random, our process in selecting an affiliate includes research, correspondence and understanding of their culture, products, mission, team and technology. We do this research to encourage a positive experience for our users. It is our intention to be straightforward on how we are compensated. Please contact us at for further questions on our compensation.
Links To Other Web Sites
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. Pocketnest has no control
over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You acknowledge and agree that Pocketnest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. We do not endorse, warrant or guarantee the products or services available from third-parties linked from our site. We are not an agent or broker responsible for the activities, policies of these third parties or that they are the best terms or lowest rates in the industry. If you elect to use or purchase these services, you are subject to their terms and conditions.
Rights You Grant Pocketnest
By submitting your information, data, passwords, usernames, pins and other login information, you are licensing that content to us for the purpose of allowing Pocketnest to make more recommendations. We may use and store this information and have no obligation to pay any fees or be subject to any restriction or limitations. By using our services, you authorize us to access your account information maintained by identified third parties on your behalf and you authorize these third parties to disclose this information to us. We are not responsible for any inaccurate account information coming over from third parties.
You Agree to the Following:
You will not use any robot, spider, scraper, deep link or other similar automated data gathering tools, programs, algorithms to access or copy or monitor any of the services on our site. You will not post or transmit any file which contains viruses, or any other contaminating or destructive device that may interfere with the working of Pocketnest.
Disclaimer of Representations and Warranties
The Pocketnest site, information, recommendations, data, features and all content and services are provided to you on an as-is and as available basis. WE AND OUR AFFILIATES AND ANY THIRD PARTIES MENTIONED ON OUR SITE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO OUR CONTENT OR SERVICES. You agree that your use of Pocketnest is at your sole risk. We make no representations or warranties or guarantees regarding the accuracy, reliability or completeness of content on this site. We disclaim any warranties or non-infringement. We make no guarantee that the content or services on our site is free from infection, virus or other code or computer contamination or destructive properties. Some jurisdictions do not allow the exclusion of certain warranties, if such, this may not apply to you.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Michigan, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. All disputes will be settled in Michigan courts.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice to our users prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Limitations on Pocketnest's Liability and Indemnification
We in no event shall be responsible or liable to you or to any third party for any indirect or punitive damages including, but not limited to loss of revenue, loss of profit, loss of business, perceived loss of income, profit or business, unexpected or unintended tax liabilities, lower than expected life insurance proceeds or cost of insurance premiums. We are not liable for any margin calls, commissions, fees or costs you may owe to third party affiliates. Notwithstanding anything to the contrary of this agreement, our liability to you for any cause whatsoever will at all times be limited to $100.00. You shall defend indemnify and hold harmless Pocketnest and our employees, directors, owners from and against all claims, suits, proceedings, losses, liabilities, and expenses in tort, contract or otherwise, that arise from but are not limited to attorney fees attributable to any breech of this agreement.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
What personal information do we collect from the people that visit our blog, website or app? When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.
When do we collect information? We collect information from you when you subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.
How do we use your information? We may use the information we collect from you when you register, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To send periodic emails regarding our and other products and services.
We are able to use general, aggregated information in any manner we desire.
How do we protect your information? We do not use vulnerability scanning and/or scanning to PCI standards. We only provide articles and information. We never ask for credit card numbers. We do not use Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
Third-party PII disclosure: We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Google: Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. We have not enabled Google AdSense on our site but we may do so in the future.
How does our site handle Do Not Track signals? We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking? It's also important to note that we allow third-party behavioral tracking
Fair Information Practices: The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email within 7 business days. We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
This policy is valid from 25 July 2017
The Pocketnest blog ("Nest Tips") is a personal blog written and edited by us. This blog accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation. The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post may not always be identified as paid or sponsored content. The owner(s) of this blog is compensated to provide opinion on products, services, websites and various other topics. Even though the owner(s) of this blog receives compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely the bloggers' own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question. This blog does contain content which might present a conflict of interest. This content may not always be identified.
If you are a current individual client of Pocketnest RIA, you can view the current Form CRS here.