Terms of Use

1. ACCEPTANCE OF TERMS

Advisor Brands, LLC (“Financial Advisors”, “we”, “us” or “our”) provides a collection of online resources, including registry services, blogs and podcasts, content, and other publications on or through www.financialadvisors.com and the Financial Advisors mobile application (together with other websites owned and/or operated by Advisor Brands, LLC shall be hereinafter referred to as “the Financial Advisor Sites” or “, ”) or otherwise through Financial Advisors (referred to hereafter as “the Service(s)”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. These TOU create a binding and legally enforceable contract between Financial Advisors and you.

In addition, when using certain Financial Advisors services, you agree to abide by any applicable posted guidelines for all relevant Financial Advisors services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue the use of the Service.

If you are using the Services on behalf of an organization, you are agreeing to these TOU on your own behalf and on behalf of that organization and promising to Financial Advisors that you have the authority to bind that organization to these TOU (in which case, “you” and “your” will refer to you individually and that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Service. You may use the Services only in compliance with these TOU and only if you have the power to form a contract with Financial Advisors and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES. Should you have any questions concerning these Terms, please contact us.

Please note that Financial Advisors does not provide warranties for the Services. These TOU also limit our liability to you.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. It is recommended that you review this agreement on a regular basis to keep yourself apprised of any changes.

3. ELIGIBILITY FOR USE

Financial Advisors reserves some parts of the Service exclusively for consumers, investors, financial advisors, resource partners, etc., who are acceptable to Financial Advisors in its sole discretion. Although Financial Advisors attempts to limit the use of these parts of the Service to such users or customers, providers, and resource partners, nothing herein shall create any right of action against Financial Advisors for failing to adequately screen potential users or prevent the use of Financial Advisors or the Service by users who are not professional providers, and resource partners.

4. CONTENT

You understand that all advertisements, postings, messages, text, files, images, photos, videos, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email, or otherwise make available via the Service. Likewise, if you request the assistance of Financial Advisors to post Content, or if you imply consent that FinancialAdvisors.com may post Content on your behalf, either by written or oral means, or you fail to inform Financial Advisors that Content should be removed, you are equally responsible for that Content.

You waive any and all claims against Financial Advisors of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on Financial Advisors’ sites, including, but not limited to, www.financialadvisors.com. You understand that Financial Advisors does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

When you post Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

Furthermore, Content available through the Service may contain links to other websites, which are completely independent of Financial Advisors. Financial Advisors makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will Financial Advisors be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

You acknowledge that Financial Advisors does not pre-screen or approve Content, but that Financial Advisors shall have the right (but not the obligation) in its sole discretion to refuse, delete, or remove any Content that is available via the Service for violating the letter or spirit of the TOU or for any other reason.

5. THIRD PARTY CONTENT, SITES, AND SERVICES

The Services and Content available through the Services may contain features and functionalities that may link you or provide you with access to third-party content that is completely independent of Financial Advisors, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

We do not guarantee the quality, safety, or legality of any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced users or customers who are accustomed to signing up for and using services based on online content, including descriptive text and/or images. It is not possible for Financial Advisors to verify all information provided by the service providers or resource partners.

You agree that Financial Advisors shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service or between users and any third party, you understand and agree that Financial Advisors is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release Financial Advisors, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

6. NOTIFICATION OF CLAIMS OF INFRINGEMENT

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 send your notice (“Notice”) to Financial Advisors’ agent for notice of claims of copyright or other intellectual property infringement by email to: notice@financialadvisors.com.

Please include the following with your Notice to our Abuse Agent:

The identity of the material on FinancialAdvisors.com that you claim is infringing in enough detail so that we may locate it on the website.
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.
Your address, telephone number, and email address.
A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
Your physical or electronic signature.

7. PRIVACY AND INFORMATION DISCLOSURE

Financial Advisors may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information in compliance with all applicable laws and regulations. Our receipt, use and retention of your personal information is further governed by Financial Advisors’ Privacy Policy. The Privacy Policy is incorporated into and made part of these TOU.

8. CONDUCT

You agree not to post, email, or otherwise make available Content:

that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, salacious, invasive of another’s privacy, or is harmful to minors in any way;
that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status, or handicap (or violates any state or local law prohibiting discrimination based on these or other characteristics);
that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
with respect to employers
that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
that impersonates any person or entity, including, but not limited to, a Financial Advisors employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person’s explicit consent;
that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch;”
that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if posted in areas of Financial Advisors which are not designated for such purposes;
or emailed to Financial Advisors users who have not indicated in writing that it is ok to contact them about other services, products, or commercial interests. that includes links to commercial services or websites, except as specifically permitted;
that advertises any illegal service or the sale of any items, the sale of which is prohibited or restricted by any applicable law;
that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
or that employs misleading email addresses, forged headers, or otherwise manipulated identifiers to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

contact anyone who has asked not to be contacted;
“stalk” or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like, to download data from the Service – unless expressly permitted by Financial Advisors;
post irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
post the same item or service in more than one classified category or forum;
attempt to gain unauthorized access to Financial Advisors computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
or use any form of automated device or computer program that enables the submission of Content on Financial Advisors sites without such Content being manually entered by the author thereof (an “automated posting device”), including, without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

9. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Financial Advisors resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Financial Advisors. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Financial Advisors.

10. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Financial Advisors email addresses or through the Service or Financial Advisors’ computer systems is expressly prohibited by these TOU. Any unauthorized use of the Service or Financial Advisors’ computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

11. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable if Content is removed from the Service for violating these TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing.

12. LIMITATIONS ON SERVICE

You acknowledge that Financial Advisors may establish limits concerning the use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Financial Advisors has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Financial Advisors reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that Financial Advisors shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

13. ACCESS TO THE SERVICE

Financial Advisors grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Financial Advisors. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

Financial Advisors does not permit you to display on your website, or create a hyperlink on your website, to individual postings on the Service, absent our express, written (which may be in the form of an email) permission to do so. You may create a hyperlink to the home page of Financial Advisors sites, including but not limited to www.financialadvisors.com, so long as the link does not portray Financial Advisors, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Financial Advisors may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third-party software news aggregators. Financial Advisors permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “Financial Advisors” as the source, (d) your use or display does not suggest that Financial Advisors promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Financial Advisors’ systems. Financial Advisors reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by Financial Advisors immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display, or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Financial Advisors that has been signed by one of Financial Advisors’ authorized representatives.

14. TERMINATION OF SERVICE

You agree that Financial Advisors, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Financial Advisors believes that you have acted inconsistently with the letter or spirit of these TOU. Further, you agree that Financial Advisors shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.

15. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws, other intellectual property laws, and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without our express written consent. You further agree not to reproduce, duplicate, or copy Content from the Service without our express written consent, and agree to abide by any and all copyright notices displayed on the Service.

You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Service. Financial Advisors and financialadvisors.com, as well as certain other names, logos, and materials displayed on the Financial Advisors sites, constitute trademarks, trade names, service marks, or logos (“Marks”) of FinancialAdvisors.com or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with Financial Advisors or those other entities.
Although Financial Advisors does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Financial Advisors an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant FinancialAdvisors.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

16. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FINANCIAL ADVISORS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF F THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, FINANCIAL ADVISORS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES , OR ACCESSED THROUGH ANY LINKS ON FINANCIAL ADVISORS SITES OR THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION. TO THE FULLEST EXTENT PERMITTED BY LAW, FINANCIAL ADVISORS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH FINANCIAL ADVISORS OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL ADVISORS, INCLUDING BUT NOT LIMITED TO FINANCIALADVISORS.COM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

For avoidance of doubt, these Warranty Disclaimers cover any and all claims which arise (or might arise) under or related to Financial Advisor’s Privacy Policy.

17. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FINANCIAL ADVISORS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FINANCIAL ADVISORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF FINANCIAL ADVISORS SITES OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FINANCIAL ADVISORS SITES OR THE SERVICES, FROM INABILITY TO USE FINANCIAL ADVISORS SITES OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FINANCIAL ADVISORS SITES OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FINANCIAL ADVISORS SITES OR THE SERVICE OR ANY LINKS ON THE FINANCIAL ADVISORS SITES OR THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH FINANCIAL ADVISORS OR THE SERVICE OR ANY LINKS ON THE FINANCIAL ADVISORS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. FOR AVOIDANCE OF DOUBT, THIS LIMITATION OF LIABILITY COVERS ANY AND ALL CLAIMS, DISPUTES, OR DAMAGES WHICH RESULT (OR MIGHT RESULT) FROM A BREACH OF THE TERMS OF FINANCIAL ADVISOR’S PRIVACY POLICY.

18. INDEMNITY

You agree to indemnify and hold Financial Advisors, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another or applicable laws.

19. GENERAL INFORMATION

These TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and Financial Advisors and governs your use of the Services, superseding any prior agreement between you and Financial Advisors (if any). The failure of Financial Advisors to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by sending an email to: info@financialadvisors.com.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Financial Advisors to pursue legal action to enforce the TOU, you will be liable to pay Financial Advisors the following amounts as liquidated damages, which you accept as reasonable estimates of Financial Advisors’ damages for the specified breaches of the TOU:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Financial Advisors two thousand dollars ($2,000) for each such message. This provision does not apply to messages that are lawful, non-deceptive parodies of public figures.

If Financial Advisors establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Financial Advisors one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Financial Advisors in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to Financial Advisors email addresses or through Financial Advisors’ computer systems or Services, you agree to pay Financial Advisors one hundred dollars ($100) for each such email.

If you post Content in violation of these TOU, other than as described above, you agree to pay Financial Advisors two-hundred fifty dollars ($250) for each item of Content posted. In its sole discretion, Financial Advisors may elect to issue a warning before assessing damages.

If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Financial Advisors five hundred dollars ($500) for each and every item of Content posted in violation of these TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Financial Advisors an additional five hundred dollars ($500) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without Financial Advisors’ express written permission, you agree to pay Financial Advisors five thousand dollars ($5,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOU, Financial Advisors retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of these TOU or any combination thereof.

21. FEEDBACK

We welcome your questions and comments. Please send them to: info@financialadvisors.com.

22. TERMS OF USE FOR ALL SERVICES

Financial Advisors may offer consumers, investors, financial advisors, and/or resource partners a variety of online third-party services or programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services or information about such services.
As a condition to your use of the Programs and as material inducement on the part of Financial Advisors and its affiliates to offer the Programs, you expressly acknowledge and agree that use of the Programs is at your sole risk. Financial Advisors and its affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

For Consumers:

a) the Programs
b) the Financial Advisor
c) the services to be performed by any Financial Advisor
a) your use of the Programs
b) the engagement by you of any Financial Advisor
c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Financial Advisor’s agents, vendors, consultants, and the like
d) any other matter relating to the Programs.
– In no event will Financial Advisors’ liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.
– Financial Advisors and its affiliates do not provide, nor will they provide, any service to or for you, nor is Financial Advisors and its affiliates a party to any agreement which you may enter into with a Financial Advisor. If you engage the services of any Financial Advisor, all arrangements in such regard are solely between you and the concerned Financial Advisor.
– If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all other provisions of the Terms of Use shall remain in full force and effect.

For Financial Advisors:

a) the Programs
b) the Consumer
c) the agreement between you and the Consumer.
Financial Advisors, its officers, directors, members, and employees, as well as Financial Advisors’ affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages or other losses resulting from or relating in any manner to:
a) your use of the Programs
b) the engagement of you by any Consumer
c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of your agents or the Consumer’s agents, vendors, consultants, and the like
d) any other matter relating to the Programs.
– In no event will Financial Advisors’ liability to you for any reason whatsoever exceed in the aggregate the sum of $25.
– Financial Advisors and its affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.
– If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all other provisions of the Terms of Use shall remain in full force and effect.

For Resource Partners:

a) the Programs
b) the Consumers and Financial Advisors
c) the agreement between you and the Consumer and/or Financial Advisor.
Financial Advisors, its Officers, Directors, Members, and Employees, as well as Financial Advisors affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages or other losses resulting from or relating in any manner to:
a) your use of the Programs
b) the engagement of you by any Consumer or Financial Advisor
c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of your agents or the Consumer’s and/or Financial Advisor’s agents, vendors, consultants, and the like
d) any other matter relating to the Programs.
– In no event will Financial Advisors’ liability to you for any reason whatsoever exceed in the aggregate the sum of $25.
– FinancialAdvisors.com and its affiliates are not a party to any agreement which you may enter into with a Consumer and/or Financial Advisor. If you are engaged by a Consumer and/or Financial Advisor, all arrangements in such regard are solely between you and the concerned Consumer and/or Financial Advisor.
– If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all the other provisions of the Terms of Use shall remain in full force and effect.

Questions about our services programs may be directed to: info@financialadvisors.com
FinancialAdvisors.com, its officers, directors, members, and employees, as well as Financial Advisors affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages or other losses resulting from or relating to any Consumers engagement of a Financial Advisor or use of a Resource Partner’s products or services or to any party for the use of the Sites or Services.

23. RIGHT TO REVIEW AND TO BE REVIEWED

All parties using the Sites or Services agree that Consumers may post reviews of Financial Advisors and/or Resource Partners, and Financial Advisors may post reviews of Resource Partners. Financial Advisors shall have no liability whatsoever with respect to reviews posted by any party.

24. BRAND AGREEMENT

Legal Disclaimer: By accessing or logging in to your Financial Advisors account, you are agreeing to the terms below, and you are stating that you have the authority to post or distribute copyrighted (or other protected legally protected) material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

1) Parties: This “Brand Agreement” between “I” or “me” or the “Company” and Financial Advisors. (“Financial Advisors”; together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Brand Agreement by electronic means.

2) Content: I hereby license to Financial Advisors the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on Financial Advisors sites, including related websites, social media websites, picture hosting websites, and all other websites Financial Advisors at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products and services or display the Content at any time, but Financial Advisors retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in and to the Content necessary for Financial Advisors to exercise the rights granted hereunder, that the Content is accurate and representative of my products and services, and that I will update my Financial Advisors account with any updates to the Content necessary to keep such Content accurate and representative of my products and services. Financial Advisors is not responsible for any damages associated with the Content or its interpretation.

3) Fees:
(a) Membership: The membership price is as stated on Financial Advisors sites at the time of purchase of the membership. All payments are paid upfront at the beginning of the 30-day billing cycle. Payments are automatically deducted from the account on file each billing cycle unless I cancel my account.

4) Length of Contract: This Branding Agreement is valid up to and until I cancel my account.

5) Billing: If a payment is due on my Membership, but my credit card on file is no longer valid or active, Financial Advisors may attempt to contact me to determine updated account information. Financial Advisors will wait thirty (30) days before canceling my membership.

6) Termination: I may request termination of this Branding Agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. Financial Advisors may terminate this Branding Agreement at will. In the event that Financial Advisors terminates this Branding Agreement early, and I am not in violation of any of its terms, I will receive a prorated reimbursement for the portion of the billing cycle remaining.