Terms of Use

PennyPilot Terms of Use

Last revised April 21, 2022

This website is owned and operated by PennyPilot LLC. (“PennyPilot”, “we”, “us” and “our”).  These Terms of Use (“Terms of Use” or “Agreement”) constitute an agreement between you (“you” and “your”) and PennyPilot and set forth the legally binding terms of your use of this website and other platforms and interactive properties, including but not limited to websites and mobile applications (collectively, the “Applications” or “Apps”), and any information, content, materials and/or data provided or given access by PennyPilot to you in either print or digital formats (“Content”), whether or not login-in, registration and/or a subscription fee is required to access the Applications or Content. By accessing or using the Applications or Content (collectively, the “Service”), you signify your assent to these Terms of Use.  The Service is for your personal, informational, non-commercial and research use only.  The terms “you” and “your” means you, your agents and affiliates, if any, and any other person accessing your PennyPilot Account.

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF USE SET FORTH IN THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.

YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS OF USE IS A CONDITION TO YOUR USE OF THE SERVICE.  BY ACCESSING OR USING IN ANY MANNER THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT ALL TERMS AND CONDITIONS CONTAINED WITHIN THESE TERMS OF USE.  PLEASE ALSO CONSULT OUR PRIVACY POLICY FOR A DESCRIPTION OF OUR PRIVACY PRACTICES AND POLICIES, INCLUDING HOW WE COLLECT AND HANDLE YOUR PERSONAL INFORMATION AND FINANCIAL INFORMATION.  THE TERMS OF THE PRIVACY POLICY ARE INCORPORATED WITHIN THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SERVICE.

  1. SERVICES

PennyPilot provides analytical services using software and certain algorithms and methodologies to generate an independent system of ratings for financial advisory firms.  All information used by PennyPilot to create such independent ratings is collected from publicly available information such as the website of the United States Securities and Exchange Commission (“SEC”).  PennyPilot will never alter any ratings based on outside influences.  PennyPilot does not solicit, receive, or accept any payment, fees, or anything of value whatsoever from any financial advisor, financial firm, or third-party in exchange for being included in the ratings or to obtain a particular rating.  The ratings for the financial advisors are independent ratings and do not constitute an endorsement, recommendation, testimonial, or favoring by PennyPilot, nor does it constitute a claim, whether explicit or implicit, by PennyPilot that a financial advisor’s qualifications, products, service, opinions, advice, or claims are superior, reputable, honest, ethical, competent or will result in exceptional financial returns.

Further, this Service is not intended to provide legal, tax, or financial advice.  PennyPilot is not a financial advisor and the Service is intended only to assist you in understanding possible ratings of financial advisors or firms that offer those services.  Your personal financial situation is unique and you are encouraged to personally interview, obtain references and reach an independent decision about your choice for a financial advisor.  PennyPilot is not liable for any action you take or fail to take based upon information you received through the Service and specifically, PennyPilot is not liable for any losses you suffer as a result of any such action or inaction.  In addition, while PennyPilot endeavors to provide the most accurate, up-to-date information available, the Content may include inaccuracies or typographical errors.  This Service is provided as a convenience and is not intended to replace any other decisioning method or tool that you use.

In accordance with the foregoing, you agree and accept that you bear all risks associated with using the Service, and any use or decisions you make relating to the information you obtain while using the Service,  and that you will hold PennyPilot harmless from any and all claims and liabilities relating to and/or arising out of your use of the Service and/or information you obtain as a result of using the Service.

  1. PENNYPILOT LICENSE

Subject to this Agreement and any fees as applicable, PennyPilot grants you a limited, non-exclusive, non-transferable, terminable license to use the Service solely for your personal, informational, noncommercial, internal review use (e.g., viewing the Content on screen; printing paper copies for personal use or electronically saving limited portions of Content).  The license granted to you is conditioned upon your proper conduct and compliance with this Agreement at all times, as determined by PennyPilot in its sole discretion.  All other rights are expressly reserved by PennyPilot.  You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Applications and Content, in any medium, without PennyPilot’s prior written consent, (ii) alter or modify any part of the Applications other than as may be reasonably necessary to use the Applications for their intended purpose, (iii) alter any Content or change or remove any copyright or other proprietary notices; or (iv) install, post or distribute any part of the Content on any electronic network, including without limitation the Internet and the World Wide Web, or create a database (electronic or otherwise) using any portion of the Applications or Content.  Use of the Applications or Content via mechanical, programmatic, robotic, scripted, spider, manual or any other automated means is strictly prohibited.  Unless otherwise agreed to by PennyPilot in writing, use of the Applications or Content is permitted only via manually conducted, discrete, individual search and retrieval activities.  You may not conduct any kind of systemic retrieval of data or Content from any Application.

  1. YOUR ACCOUNT

In order to access some features of the Service, you may be required to register for and create an account (an “Account”).  When creating, registering for, or updating an Account, you are required to provide us with certain personal information, including your first and last name, e-mail address, username, and password.  This information will be held and used in accordance with our Privacy Policy.  If you provide any information that is untrue, inaccurate, not current, or incomplete, or PennyPilot has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, PennyPilot has the right to suspend or terminate your account and refuse any and all current or future use of the PennyPilot Service (or any portion thereof).  You are responsible for maintaining the confidentiality of the password and you are fully responsible for all activities that occur under your Account.  You agree to immediately notify PennyPilot of any unauthorized use of your password or Account or any other breach of security.

  1. YOUR USE OF THE SERVICE

When you use the Service, you represent and agree to the following:

  1. You are at least eighteen (18) years old or the age of majority in your jurisdiction;
  2. You have the authority and capacity to enter into and be bound by this Agreement;
  3. You will not use the Services to communicate expressions of hatred, bigotry, racism, obscenity, pornography or other objectionable speech;
  4. You will not upload or use the Service with material that is explicit, harassing, abusive, threatening, obscene, pornographic, defamatory, or libelous;
  5. You will not upload or use the Service to share viruses, spyware, or any other computer code, files or programs designed to interrupt, destroy, affect, hinder or limit the functionality of the Service or any other operations of PennyPilot;
  6. You will not use the Service in a way that violates any state, federal, or international laws or regulations;
  7. You will use the Service only for personal, informational, non-commercial, research purposes only;
  8. You will not communicate with PennyPilot employees or customer service agents in a manner which is abusive, obscene, untrue, or misleading;
  9. You will not interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or implements limitations on the use of or access to the Service;
  10. You will not attempt to get password, account information or other private or personal information from another user or from PennyPilot;
  11. You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or object code for any underlying software or other intellectual property used in the Service, or to obtain any information from the Service using any method not expressly permitted by PennyPilot; and
  12. You will not upload content that you do not have rights to use or that infringe the copyrights, trademarks or other intellectual property rights of PennyPilot or any third party.

You acknowledge that PennyPilot may or may not pre-screen content in the Service provided by other users or third-parties. You agree that you must evaluate, and bear all risks associated with any content, including the accuracy, completeness, or usefulness of such content, and including whether you find such content to be bigoted, racist, obscene, pornographic, or otherwise objectionable.

You may report content that you believe to be objectionable to PennyPilot.  PennyPilot, in its sole discretion, will determine whether to remove such content from the Service.  In the event PennyPilot decides not to remove such reported content, your only remedies are either to avoid accessing such content, avoid accessing content from providers of such content, or to terminate your use of the Service.

  1. PAYMENT OF FEES

You are given one (1) free trial day equivalent to twenty-four (24) hours upon registering for your Account (the “Trial Period”).  If you cancel during the Trial Period, your Account will not automatically be renewed, and you will not be charged any fees.  If you do not cancel, then after the Trial Period has expired, your Account will automatically renew in monthly increments (“Monthly Term”) and you will be charged a monthly fee.  You may close your Account at any time.  If you close your Account in the middle of a Monthly Term, your Account will remain active until the expiration of that Monthly Term.  There will be no refunds issued.

You agree that you will pay all fees and charges that may be accrued by or in connection with your Account at the rates in effect for the billing period in which such fees and charges are incurred.  PennyPilot reserves the right in its sole discretion to bill fees and charges to any of the payment methods you have included in your Account.

All information that you provide to us or our third-party payment processor must be accurate, current, and complete.  PennyPilot does not retain or store any information provided to our third-party payment processor.  Your payment information is submitted directly to and stored by our payment’s processor, Stripe, Inc.  We chose our current payment processor in part because of its ability to secure your payment information in compliance with the Payment Card Industry Data Security Standard (“PCI DSS”).  You should familiarize yourself with their privacy and security policies if you have concerns about your payment information.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION.  Billing occurs at the time of purchase.  Rates may change at any time.  PennyPilot does not provide price protection or refunds if the price for Services previously purchased by you is lowered or is part of a promotional offer.

All purchases include applicable sales taxes in effect at the time of purchase and will be based on the bill-to address provided in the Account. No customers are eligible for tax exemptions for purchases made through the Service.

  1. TERMINATION

You may terminate this Agreement by closing your Account at any time for any reason.  In such an event, the current Monthly Term will run until its expiration.  After that, PennyPilot shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.

You agree that PennyPilot may, without prior notice, immediately terminate, cancel, or suspend your Account.  Cause for such termination, cancelation, or suspension shall include, but not be limited to, (i) breach or violations of this Agreement or other incorporated agreements, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Service (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity as determined in PennyPilot’s sole discretion, and/or (vi) engagement by you in fraudulent or illegal activities.  Further, you agree that all terminations, cancelations, and suspensions for cause shall be made in PennyPilot’s sole discretion and that PennyPilot shall not be liable to you or any third party for any termination of your account or access to the Service.  If PennyPilot terminates this agreement due to cause, then you shall not be entitled to any refund.

  1. MODIFICATIONS TO PENNYPILOT SERVICES

PennyPilot reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  PennyPilot makes no representations with respect to the availability of the Service at any particular time.  You agree that PennyPilot shall not be liable to you or to any third party for any modification, suspension, unavailability, or discontinuance of the Service (or any part thereof).

 

 

  1. INDEMNITY

You agree to indemnify and hold PennyPilot and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from all costs, liabilities, and damages PennyPilot incurs, including without limitation its reasonable attorneys’ fees, with respect to all claims, demands, proceedings, and actions of any kind whatsoever, made or brought by any third-party due to or arising out of your use or misuse of the Service, your connection to the Service, your violation of any term of this Agreement, or your violation of any rights of another.

  1. DISCLAIMER OF WARRANTIES

THE PENNYPILOT SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.  PENNYPILOT HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION THROUGH THE SERVICE, CONTENT AND MATERIALS ON THE APPLICATION AND/OR SITE.  THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SERVICE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU.  PENNYPILOT MAKES NO GUARANTEE ON YOUR RELIANCE AS TO THE SERVICE.  PENNYPILOT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. LIMITATION OF LIABILTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PENNYPILOT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE, ITS CONTENTS, OR TO ANY BREACH OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.  YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT PENNYPILOT IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PENNYPILOT LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES/APPLICATIONS AND SERVICES.  SPECIFICALLY, PENNYPILOT DISCLAIMS ALL LIABILITY IN CONNECTION WITH THE FINANCIAL ADVISOR AND/OR FINANCIAL ADVIOSRY FIRM WITH WHICH YOU OR ANYONE CHOOSES TO CONNECT.  TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PENNYPILOT IS TO STOP USING PENNYPILOT, THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU HEREBY HOLD US HARMLESS AND RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  1. TRADEMARK INFORMATION

You agree that all of PennyPilot’s trademarks, trade names, service marks and other PennyPilot logos and brand features, and product and service names are trademarks and the property of PennyPilot LLC (the “PennyPilot Marks”). Without PennyPilot’s prior permission, you agree not to display or use in any manner the PennyPilot Marks.

  1. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

PennyPilot respects the intellectual property of others, and we ask our users to do the same. PennyPilot will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.  Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide written notification to PennyPilot’s Copyright Agent.  To be an effective, pursuant to Title 17, United States Code, Section 512 (c)(3)(A), any copyright infringement notification must include all of the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site or application;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

PennyPilot reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.  In appropriate circumstances, PennyPilot will also terminate a user’s account if the user is determined to be a repeat infringer.

PennyPilot’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: admin@pennypilot.com with subject line “Copyright Agent”

  1. ELECTRONIC COMMUNICATION

When you use the Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

  1. MISCELLANEOUS
  2. Entire Agreement. This Agreement constitutes the entire agreement between you and PennyPilot and governs your use of the Service. This Agreement supersedes and replaces any prior version of this Agreement between you and PennyPilot with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other parts of the Service, affiliate services, third-party content or third-party software.
  3. Choice of Law and Forum. You and PennyPilot each agree that this Agreement and the relationship between the parties shall be governed by the laws of the State of Illinois without regard to conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you and PennyPilot, shall be brought exclusively in the courts of the State of Illinois located in Chicago, Illinois. You and PennyPilot agree to submit to the personal jurisdiction of the courts located within Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
  4. Waiver and Severability. The failure of PennyPilot to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  5. Section Titles. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
  6. Relationship. No relationship shall exist between you and PennyPilot in the nature of a joint venture, common enterprise, partnership, franchise, or agency. You agree that you will not take any action, make any representation, or allow any condition to exist or continue which could imply or create an agency or other relationship between you and PennyPilot other than the contractual relationship created under these Terms and Conditions. You use this Service solely on your own behalf, not on behalf of or for the benefit of PennyPilot nor subject to any direction by PennyPilot besides the enforcement of these Terms and Conditions.
  7. CONTACT US

If you have a question or issue relating to your use of the Service, such as wanting to change your mailing address, please email us at  admin@pennypilot.com or contact us by US postal mail at the following address:

3240 N Lake Shore Dr. Apt. 12C  Chicago, IL 60657