Terms of Use

Before investing, consider the investment objectives, risks, charges and expenses of the fund, 529 or annuity and its investment options. Contact The McGowanGroup for a prospectus or fact kit containing this information. Read it carefully.

Terms of Use

These Terms of Use were last modified in January, 2013.

Terms of Use and your acceptance of them. Read before continuing.

McGowanGroup Asset Management, Inc. is pleased to provide you with the information, content, tools, products and services on all McGowanGroup sites (the term “McGowanGroup sites” refers to all The McGowanGroup web sites, as well as to the content on them). Because these Terms of Use covers multiple web sites, some terms may refer to items that are available only on certain McGowanGroup sites. These Terms of Use also include some important disclosures and information related to certain products and services. Your use of McGowanGroup sites is subject to these Terms of Use (“Terms”). There are many different The McGowanGroup companies (“The McGowanGroup Entities”), and their affiliates, that provide information, content, tools, products and services on and through McGowanGroup Sites. These The McGowanGroup Entities are identified below and in each part of McGowanGroup Sites where they provide such information, content and services.

These Terms are a binding agreement between you and the The McGowanGroup Entities listed below, as well as their U.S. affiliates (“The McGowanGroup”). By using or accessing McGowanGroup Sites, you accept and agree to be bound by these Terms. Your use of McGowanGroup sites is governed by the version of the Terms in effect on the date each McGowanGroup Site is accessed by you. The McGowanGroup may modify these Terms at any time and without prior notice. You should review the most current version these Terms by visiting a McGowanGroup Site and clicking on the Terms of Use hyperlink located at the bottom of the page. These Terms are in addition to any other agreements between you and The McGowanGroup, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through McGowanGroup Sites.

Use of McGowanGroup Sites

McGowanGroup Sites are intended only for your personal, non-commercial use, unless you and The McGowanGroup have agreed otherwise in writing.

McGowanGroup sites

McGowanGroup Asset Management, Inc. is the parent company of various McGowanGroup Entities. Some of these McGowanGroup Entities are financial services companies, that may be registered under federal or state laws, and others are not regulated as such and may, for example, provide information and content publishing services.

Copyright policy, linking policy and trademarks

McGowanGroup Sites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in McGowanGroup Sites, including any text, graphics, video, audio, software code, user interface design or logos.

Unless you and The McGowanGroup have agreed otherwise, links from another web site to a McGowanGroup Site must resolve to the top-level homepage of a The McGowanGroup domain (e.g., www.TheMcGowanGroup.com, www.NetWorthRadio.com). In order to avoid confusion if you do link from another web site to a McGowanGroup Site top-level homepage, your web site, and the link itself, may not suggest that The McGowanGroup endorses, sponsors or is affiliated with any non-The McGowanGroup web site, entity, service or product, and may not make use of any The McGowanGroup trademarks or service marks other than those contained within the text of the link.

All trademarks and service marks on McGowanGroup Sites belong to McGowanGroup Asset Management, Inc. or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The McGowanGroup with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
  3. An identification of the allegedly infringing material, and a description of where that material is located on McGowanGroup Sites;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

The McGowanGroup’s Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: 200 Crescent Court, Suite 657 Dallas, TX 75201

By phone: 214-720-4400

Third party content and research

McGowanGroup Sites include general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets, securities and other subjects. Some of this content is supplied by companies that are not affiliated with any The McGowanGroup Entity (“Third Party Content”). On McGowanGroup Sites, the source of all Third Party Content is clearly and prominently identified. Third Party Content providers include, but are not limited to, Bloomberg, Reuters, and Marketing Library. Third Party Content is available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited.

The McGowanGroup has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.

While The McGowanGroup makes every attempt to provide accurate and timely information to serve the needs of users, neither The McGowanGroup nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and The McGowanGroup and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In order to comply with applicable laws and regulations, The McGowanGroup may at times exclude content with respect to securities of issuers which are the subject of public offerings made available to The McGowanGroup’s brokerage customers, or otherwise. Certain other content filtering may take place from time to time based on objective criteria.

Timeliness of content

All content on McGowanGroup Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Prohibited uses

Because all servers have limited capacity and are used by many people, do not use McGowanGroup sites in any manner that could damage or overburden any The McGowanGroup server, or any network connected to any McGowanGroup server. Do not use McGowanGroup sites in any manner that would interfere with any other party’s use of McGowanGroup Sites.

Means of access

McGowanGroup Sites are generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access McGowanGroup Sites, be aware that McGowanGroup Sites may not appear accurately through other access methods, and you use them only at your own risk.

You should not access McGowanGroup Sites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by The McGowanGroup.

Certain parts of McGowanGroup Sites are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of McGowanGroup Sites, or to any other protected materials or information, through any means not intentionally made available by The McGowanGroup for your specific use.

Links provided on McGowanGroup sites to mutual fund prospectuses may resolve to the fund’s summary prospectus, if available, or alternatively to the fund’s full prospectus.

DISCLAIMER OF WARRANTIES

  • THE McGOWANGROUP DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT McGOWANGROUP SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. McGOWANGROUP SITES ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND THE McGOWANGROUP DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
  • THE McGOWANGROUP DOES NOT WARRANT THAT McGOWANGROUP SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE McGOWANGROUP ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF McGOWANGROUP SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH McGOWANGROUP SITES WILL MEET YOUR EXPECTATIONS. THIS PROVISION MAY NOT APPLY TO PARTICIPANTS IN CERTAIN EMPLOYER-SPONSORED WORKPLACE SAVINGS PLANS.

LIMITATION OF LIABILITY

  • THE McGOWANGROUP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF McGOWANGROUP SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF THE McGOWANGROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
  • THE McGOWANGROUP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH The McGowanGroup DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
  • IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS McGOWANGROUP STES SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

As a condition of your use of McGowanGroup Sites, you agree to indemnify and hold The McGowanGroup and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of McGowanGroup Sites, or from your violation of these Terms. This provision may not apply to participants in certain employer-sponsored workplace savings plans.

Changes to McGowanGroup sites

Unless otherwise agreed, The McGowanGroup may discontinue or modify McGowanGroup Sites at any time without prior notice to you, and you accept those modifications if you continue to use McGowanGroup Sites.

Termination

The McGowanGroup may terminate your access to McGowanGroup Sites for any reason, without prior notice.

Governing law

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the State of Texas, without regard to conflicts of law, and shall inure to the benefit of The McGowanGroup’s successors and assigns, whether by merger, consolidation, or otherwise. This provision may not apply to participants in certain employer-sponsored workplace savings plans.

Severability

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Call (214) 720-4400