TERMS OF USE

IMPORTANT: HORIZON and 401K CONTROL are publications of Compass Investors, LLC (hereinafter referred to as “CI”). These are the terms and conditions which apply to your ("the User'') subscriptions (both free and paid, online and hard copy), conference and seminars, products, and your use of the websites provided by CI will provide to User (together, the “Services”). By using or purchasing our Services, User agrees to be bound by these terms and conditions and they shall constitute the entire agreement between User and CI (the “Agreement”). If we change our terms and conditions, we will notify User of those changes here. Throughout this document, reference to Compass includes CI, its partners and affiliates, and any service delivery sources, including an employer or financial firm offering the Services directly or indirectly, subsidized or unsubsidized. If the User uses the Services in the course of business, the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorized to do so) the User should not use the Services.

User understands and agrees to the following:

1. CI is not an investment advisor or broker-dealer and may not perform work performed by such firms. CI does not provide User with any advice, explanation, opinion or recommendation about any investment strategies tailored as applied to User’s particular circumstances. The information provided in our Services is published generally, is not personal to me and does not take account of User’s personal circumstances. CI does not assess the suitability or appropriateness of any investment in light of User’s risk tolerance, knowledge, age and understanding, investment objectives, financial situation or needs, financial strength, tax liability or appetite for risk and time horizon. The information contained on this website or otherwise from CI does not constitute any advice, especially on the tax consequences of making any particular investment decision. Information and content on this website or otherwise from CI is not intended as a recommendation of any securities highlighted or any particular investment strategy.

2. CI does not act as User’s investment advisor or advocate the purchase or sale of any security or investment. If User needs guidance on interpreting any data provided in light of User’s personal circumstances, User will seek independent advice from an appropriately qualified professional. User will make investment decisions only after consulting with an investment advisor.

3. User is aware and accepts that investment markets have inherent risks and there can be no guarantee of future profits. Likewise, User understands that past performance does not assure future results. The possibility exists that User could sustain a loss of some or all of User’s initial investment and therefore User will not invest money that User cannot afford to lose. The User expressly agrees that the use of, and browsing of the website or other materials is at the User's own risk.

4. When becoming a subscriber to any CI service, User acknowledges User and not CI is solely responsible for any taxes, losses, fees or penalties, financial or otherwise, as a result of using the Service. CI shall under no circumstances be liable for any loss of principal, lost profits, lost opportunities, misstatements, or errors contained within any communication. User also agrees that CI will not be held liable for data accuracy, server problems, or any direct, incidental, special, consequential, indirect or punitive damages arising out of the User's access to, or use of, or inability to use the Services or any linked site or for the cost of procurement of substitute services or resulting from any services purchased or obtained or messages received or transactions entered into through the Services or resulting from any unauthorized access to or alteration of User’s transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the CI has been advised of the possibility of such damages that result from the use of, or the inability to use, any or all of the materials published on our Website or the Internet in general. User agrees to hold CI harmless for any act resulting directly or indirectly from these materials presented or on the website, its data, content, materials, associated pages and documents.

5. CI is not acting as User’s financial planner in any matter. Rather, User is representing his or herself and takes full responsibility for any investments User makes in response to the information presented directly or indirectly by CI in any form.

6. The analysis (such as provided in the HORIZON™ and 401k CONTROL™ Action Report), documentation (such as the Reallocation Process Document), videos, and tools (such as the Reallocation Worksheet) are provided to me by CI and are intended only as an aid in managing User’s investments and are under no circumstances to be considered a replacement for User’s own informed judgment and due diligence. User is solely responsible for User’s own investment decisions; User may accept, reject or modify the analysis of the mutual funds and/or exchange traded funds the HORIZON™ service will provide. User is responsible for reviewing User’s account(s) periodically to monitor changes in the investment market and the value of User’s investments and to implement any actions User deems appropriate. Under no circumstances, is CI liable for any tax penalties, fees, restrictions, limitations, or any other circumstances or consequences incurred therein that may result from reallocating User’s account.

7. The information provided by CI is for User’s personal use only. User agrees to keep such information from becoming known to or discussing with any other person in any manner, either directly or indirectly, unless specifically and only to get assistance with User’s own personal use. Unauthorized use of your CI User Name and Password by anyone other than User or providing any information about the information published in any CI Action Report (other than as specified above) to anyone in any form whatsoever is strictly prohibited. Any violation of the preceding, determined in cooperation with User’s Plan Administrator under the Freedom of Information Act of 2000, or by any other means, is subject to (1) immediate cancellation of User’s subscription and forfeiture of User’s subscription fees, and (2) prosecution for criminal damages of not less than US $18,000 and punitive damages of not less than US $1,000,000, or as determined by judicial proceedings to take place in the City of Chicago, Illinois, USA, as well as (3) possible discontinuation of the HORIZON™ service for the entire company/retirement plan.

8. CI may cancel User’s membership at any time and for any reason so long as User is informed prior to such action. As long as User is not in violation of any the Terms of Use or User Agreement and Disclaimer any money due to User as per the stated CI refund policy in effect at the time of User’s initial subscription will be refunded in full.

9. If eligible for the Subscription Refund Guarantee, requests for refund must be made in writing or via an email sent to [email protected] anytime following the triggering of the guarantee, typically by having the reported performance of HORIZON™ fall and remain below BOTH of its stated benchmark(s). Refunds will be made to the credit card account most recently used for renewal. Note that CI will charge a transaction and/or other processing fee which will reduce the amount of the refund and which is not refundable.

10. User’s subscription will be established with automatic renewal according to the subscription options that User selects.

11. REFUND POLICY. If User cancels within the first 90-days following User’s initial sign-up date, User will receive a 100% refund of the total amount paid*. All other subsequent renewal payments are fully refundable provided User notifies CI of his, her or its intent to cancel User’s subscription within 30-days of the payment*. Except for Subscription Refund Guarantee situations, the Refund Policy is further clarified as follows.

Annual rate subscribers: If User cancel after 90-days of User's initial sign-up date but within 6 months of being billed, User will receive a 50% refund of the amount paid*^. There is no refund if User cancels after the first 6 months.
Monthly, quarterly and bi-annual rate subscribers: There is no refund if User cancels after 90-days of User’s initial sign-up date.

* Less any discounts User may have received.

^ Refunds for credit card subscribers will be made via a refund issued to the credit card used for the payment. Credit card fees charged to CI by the credit card merchant, if any, are not refundable and will reduce the amount of the refund accordingly.

12. Although User may reside elsewhere, all Services are, and shall be deemed to be, performed entirely within the State of Nevada, that Nevada law without application of its conflict of law provisions shall govern any disputes arising from User’s use of this website and/or service and its contents, that the courts of the State of Illinois located in Cook County shall have exclusive jurisdiction over any disputes arising from User’s use of this website or CI’s other services.

13. All questions, rights or controversies arising out of or relating to the Services where equitable relief is not sought rendered shall be settled through binding arbitration under the provisions of the Nevada Uniform Arbitration Act.

14. User has read the full Terms of Use and Disclaimer documents before making any investments and agrees to be solely responsible for the results obtained. User will hold CI and its agents harmless. If there is liability found on the part of CI, it will be limited to the amount paid for Services within the last twelve (12) months, and under no circumstances will there be consequential or punitive damages available.

15. CI has not, does not and cannot guarantee the future performance of User’s account, or that the HORIZON™ Model Portfolio or 401k CONTROL™ models will be profitable.

16. CI, its employees, independent contractors and affiliates may have long, short or derivative positions in the securities mentioned in the Services. CI has a policy that provides the following regarding the timing of CI’s persons: Trades are generally not done at a more advantageous price.