Terms and Conditions | Pro-Financial Education Advisers

Benefits Agreement

Membership

This Pro-Financial Education Advisers Membership Benefits Agreement (“Agreement”) is a contract by and between Pro-Financial Education Advisers, and the above member and Co-Applicant, if applicable (collectively, “Member”). This Agreement establishes the rules which cover your access to Member Benefits. By accepting and using the Member Benefits, you accept and agree to all the terms and conditions of this Agreement.

Pro-Financial Education Advisers Membership Dues

Member agrees to make monthly membership dues payments of $49 per month. Member’s dues shall be paid to Pro-Financial Education Advisers through automatic payment as described in paragraph 9 of this Agreement. Monthly dues charges will continue to be due each month regardless of Member’s use or disuse of the Pro-Financial Education Advisers benefits until Member notifies Pro-Financial Education Advisers in writing that Member wishes to cancel this Agreement. Upon notice of cancellation, dues will continue to be payable until the effective date of cancellation as described in Paragraph 3. If Member fails to pay any monthly dues within 15 days after the date such payment is due, Member’s membership privileges may be canceled. Dues payments are deemed earned by Pro-Financial Education Advisers when paid by Member.

Value Benefit Program

Pro-Financial Education Advisers shall provide Member with access to Member Benefits, including access to the Pro-Financial Education Advisers Rewards Program offered through a third-party benefits organization, and other benefits Pro-Financial Education Advisers may at its discretion add from time to time. The Pro-Financial Education Advisers List of Member Benefits is incorporated into this Agreement by reference and made a part hereof. Pro-Financial Education Advisers reserves the right to delete benefits if, through circumstances beyond its control, the deleted benefit becomes unavailable. Pro-Financial Education Advisers will use its best efforts to substitute a benefit of substantially equal value and type for any benefit that is deleted. Member understands and agrees that Member must continue to pay Member’s $49 monthly dues in order to continue to receive access to the Member Benefits.

Cancellation Rights

YOU HAVE FIVE DAYS TO CANCEL THIS AGREEMENT. Following those five days, Member may also elect to cancel membership at any time by giving prior written notice by certified mail addressed to: Pro-Financial Education Advisers, 17300 Red Hill Ave. Suite #200A Irvine, CA 92614, ATTN: CANCELLATIONS. The effective date of cancellation shall be the date of Pro-Financial Education Advisers’ receipt of the notice. Membership may not be sold, assigned or transferred by Member. Any such attempted sale, assignment or transfer by Member shall be null and void.

Refund Policy

You have thirty days to cancel for any reason for a full refund. Thereafter you may cancel at any time, for any reason, and we will cheerfully refund your last payment with no questions asked.

Amendment

The Agreement may be amended or modified only by an instrument in writing; however, Pro-Financial Education Advisers or any assignee of the Agreement is authorized to correct patent errors in this Agreement (and in other related documents). Notwithstanding anything to the contrary in this Agreement, Member agrees that Mission Financial Solutions may increase or decrease the monthly dues amounts at Pro-Financial Education Advisers’ sole option, with or without notice to Member at Pro-Financial Education Advisers sole discretion.

Governing Law

This Agreement is governed by Federal law and the laws of the state of Delaware.

Miscellaneous

Member acknowledges and agrees that while Member is a Pro-Financial Education Advisers member, and for a 12-month period after cancellation or termination of Pro-Financial Education Advisers membership, Pro-Financial Education Advisers may telephone, FAX, e-mail, and/or send prerecorded messages that are distributed by an automatic dialing service device or predictive dialer. These contacts will be limited to matters involving membership in Pro-Financial Education Advisers or to receive information of offers related to new services or products. Member further understands that Member may revoke this authorization in writing at any time. The provisions of this Agreement are severable, and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provision shall nevertheless be enforceable. Mission Financial Solutions’ failure to enforce any remedy or provision of this Agreement shall not be construed a waiver of such remedy or provision.

Release, Indemnity, and Privacy

Pro-Financial Education Advisers makes no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with this Agreement or any services or products provided under it, including but not limited to the Member Benefits. Member agrees to hold Pro-Financial Education Advisers and its officers, directors, employees, and agents harmless from any claim, suit, action or demand arising from Pro-Financial Education Advisers Membership or the Member Benefits, materials and services provided to Members. Pro-Financial Education Advisers and its officers, directors, employees, and agents have no responsibility for, and Member hereby releases and discharges them from, any and all claims, including but not limited to those arising from inaccuracies or omissions of information provided by Member. Member acknowledges that Member has read and agreed to the Pro-Financial Education Advisers Privacy Policy, which is available on the Pro-Financial Education Advisers website at www.pfea.net and is hereby incorporated by reference into this Agreement.

Arbitration

Any and all claims, disputes or controversies, whether common law, statutory, equitable or otherwise, which arise out of, or are in any way related to, Member’s Mission Financial Solutions membership shall be resolved, at the option of either Member or Pro-Financial Education Advisers, by arbitration in accordance with the Pro-Financial Education Advisers Arbitration of Disputes Agreement. Class or collective actions shall not be permitted in arbitration. Member acknowledges that Member has read and agreed to the Pro-Financial Education Advisers Arbitration of Disputes Agreement, which is available on the Pro-Financial Education Advisers website at www.pfea.net and is hereby incorporated by reference into this Agreement. IF MEMBER DOES NOT WISH TO BE BOUND BY THE PRO-FINANCIAL EDUCATION ADVISERS ARBITRATION OF DISPUTES AGREEMENT, MEMBER MUST NOTIFY PRO-FINANCIAL EDUCATION ADVISERS IN WRITING BY MAIL TO PRO-FINANCIAL EDUCATION ADVISERS, 17300 Red Hill Ave. Suite #200A Irvine, CA 92614, ATTN: ARBITRATION OPT-OUT. MEMBER’S WRITTEN NOTIFICATION TO PRO-FINANCIAL EDUCATION ADVISERS MUST INCLUDE MEMBER’S NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT MEMBER DOES NOT WISH TO RESOLVE DISPUTES WITH PRO-FINANCIAL EDUCATION ADVISERS THROUGH ARBITRATION. MEMBER’S DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON MEMBER’S RELATIONSHIP WITH PRO-FINANCIAL EDUCATION ADVISERS OR THE DELIVERY OF SERVICES, INCLUDING THE MEMBER BENEFITS, TO MEMBER BY PRO-FINANCIAL EDUCATION ADVISERS. IF MEMBER HAS PREVIOUSLY NOTIFIED PRO-FINANCIAL EDUCATION ADVISERS OF MEMBER’S DECISION TO OPT OUT OF ARBITRATION, MEMBER DOES NOT NEED TO DO SO AGAIN. Exclusive jurisdiction for all such claims, disputes, or controversies for which either of the parties do not opt to resolve by arbitration, and for all other claims, disputes or controversies, shall lie with the Federal and State courts in the State of Delaware.

Referrals

Member authorizes Pro-Financial Education Advisers to refer Member to investment advisers, debt management/credit counseling organizations, mortgage brokers, legal services or insurance providers and other such professional services organizations (“PSOs”). Member agrees that as part of such referrals Pro-Financial Education Advisers may forward to such PSOs the personal financial information Member provided to Pro-Financial Education Advisers in Member’s Pro-Financial Education Advisers Membership Application. Member understands that there are many such PSOs and that Member is free to choose any such entity to serve Member. Any fees charged by Pro-Financial Education Advisers are not shared with any such entity. Member also understands that where allowed by law, such PSOs may charge a fee, whether hourly, monthly, or otherwise, that is separate from any fees paid to Mission Financial Solutions. Unlike such PSOs, Pro-Financial Education Advisers does not provide investment advice, debt management/credit counseling, mortgage brokerage, legal or insurance services. In particular, Member understands and acknowledges that:

Pro-Financial Education Advisers is not a licensed financial institution, credit repair or lending agency; Pro-Financial Education Advisers does not assist Members in obtaining credit, a loan, or improving Members’ credit ratings.
Pro-Financial Education Advisers does not negotiate with Members’ creditors to compromise or work out a payment structure for existing obligations, and Pro-Financial Education Advisers does not accept payments from Members for creditors
Members’ relationship(s) with any such PSOs are between Members and those entities. Pro-Financial Education Advisers is not an agent of any such entity. Pro-Financial Education Advisers may provide certain information to its affiliates to enable Member to receive promotional offers that may be of interest to Member, provided that Member may direct Pro-Financial Education Advisers not to share such information by contacting Pro-Financial Education Advisers at (888) 545-8102 or by writing Pro-Financial Education Advisers at 17300 Red Hill Ave. Suite #200A Irvine, CA 92614.

Automatic Payment

Pro-Financial Education Advisers membership dues outlined in paragraph 1 of this Agreement will be paid automatically by electronic fund transfer from Member’s checking or savings account. The details with respect to this electronic fund transfer and Member’s rights with respect to such transfer are set forth in the Authorization for Electronic Funds Transfer of Pro-Financial Education Advisers Membership Monthly Dues Payment, for which Member has already provided his or her electronic or written consent.

Entire Agreement

This Agreement, including the Authorization for Electronic Funds Transfer of Pro-Financial Education Advisers Membership Dues Payments, the Arbitration of Disputes Agreement and Pro-Financial Education Advisers Privacy Policy, all of which are incorporated by reference, is the entire understanding between Pro-Financial Education Advisers and Member and supersedes any other written or verbal agreements. As stated above, your continued acceptance of the Member Benefits constitutes your agreement to the terms of this Agreement, and no signature is necessary. However, if you wish to memorialize your agreement with a signature in our files, you are welcome to do so by printing and signing this document, or by affixing your signature to a Signature Page stating your acceptance of these terms. and returning it to us.