If you do not agree to these Terms, you are directed to discontinue using and accessing the Site. Advisors4Advisors, Inc. reserves the right to change these Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as changed. It is your responsibility to review these Terms regularly. These Terms were last updated on December 15, 2012.
The Site (including its operating source code) is owned by Advisors4Advisors, Inc. All of the content featured or displayed on the Site, including, but not limited to, financial information, webinars, advertisements, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer applications and codes (“Content”) is owned or licensed by Advisors4Advisors, Inc.
Your access to (and use of) the Site, all Content, and all products and services of Advisors4Advisors, Inc. (regardless of media) is subject to the terms, conditions, and disclaimers set forth in these Terms, and to all applicable laws and regulations.
If you are dissatisfied with any of the Content contained in the Site, with the quality of the products or services offered by Advisors4Advisors Inc., or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
Pursuant to the copyright and trademark laws of the United States, you agree:
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information by notice to Advisors4Advisors, Inc.’s designated agent:
The designated agent of Advisors4Advisors, Inc. for notice of claims of copyright infringement on the Site is its President, who can be reached as follows:
333 Jericho Tpk., Suite 333
Attn: Andrew Gluck
By Fax: 516-706-7006
The Site (and all Content posted on the Site, or delivered to you from, through, or via the Site) is provided to you “as is” and without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
ADVISORS4ADVISORS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that Advisors4Advisors, Inc.’s maximum liability arising from any use of the Site under any circumstances will be limited to U.S. $100.00. (Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.)
IN NO EVENT WILL ADVISORS4ADVISORS, INC. OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST PROFITS RELATED TO ANY CONTENT LOCATED ON, OR TRANSMITTED TO, THROUGH, OR FROM THIS SITE; OR FOR ANY PRODUCT OR SERVICE OFFERED OR SOLD ON OR THROUGH THIS SITE; OR FOR YOUR RELIANCE ON ANY INFORMATION OR CONTENT THAT IS TRANSMITTED TO, FROM, OR THROUGH THE SITE.
Advisors4Advisors, Inc. expressly disclaims any responsibility or liability for a user’s violation of these Terms.
You acknowledge that due to the immediate nature of the Internet, Advisors4Advisors, Inc. does not review, censor, approve, edit, or endorse information transmitted by any means (including, without limitation, e-mail, text messaging, instant messaging, blogging, tweeting, and all other forms of telecommunications) to the Site, from the Site, or through (or by means of) the Site by its users. Advisors4Advisors, Inc. cannot give any assurance that inappropriate, embarrassing, illegal, libelous, scandalous, or infringing materials will not be transmitted to the Site, from the Site, through (or by means of) the Site, or to any user. Your sole and exclusive remedy is to avoid such materials by discontinuing your access and use.
By furnishing, sending, submitting, uploading, or transmitting any Content to the Site by any means (including, without limitation, e-mail, text messaging, instant messaging, blogging, tweeting, and all other forms of telecommunications), you grant Advisors4Advisors, Inc. a non-exclusive, royalty-free, assignable, irrevocable, perpetual license for the worldwide use, display, transmission, and sublicense of such Content.
The Site may provide links to other web pages, websites, and various resources or locations on the Internet. Advisors4Advisors, Inc. has no control over the information you may access via such links, does not endorse that information, and is not responsible for it or for the consequences of your use of that information, or for any content, advertising, products, or other materials on or available from such websites and resources. You acknowledge and agree that Advisors4Advisors, Inc. will not be responsible or liable for any damage or loss caused (or alleged to have been caused) in connection with your use of (or reliance on) any such linked content, goods, or services available on (or through) any such linked website and resource.
All users will use the Site for lawful purposes only. You agree not to transmit to, from, or through (or by means of) the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability.
Conduct by any user that (in the sole judgment of Advisors4Advisors, Inc.) restricts or inhibits any other user from using or enjoying the Site will not be permitted. Advisors4Advisors, Inc. reserves the right (in its sole discretion) to refuse access to the Site to any user for any reason (including, without limitation, a belief that the user has violated these Terms or any of the copyright or trademark laws of the United States).
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ADVISORS4ADVISORS, INC. RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Advisors4Advisors, Inc. and its shareholders, officers, directors, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including attorneys’ fees) resulting from (1) your violation of these Terms or (2) compliance with, or legal matters associated with or arising out of, any subpoena or legal process that relates to you. Advisors4Advisors, Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. In such event, you will fully cooperate with Advisors4Advisors, Inc. in asserting any available defenses.
By your acceptance of these Terms and use of the Site, and as a material condition of such use, you warrant that you are over the age of eighteen (18) and that you have provided accurate and complete information in any communication with Advisors4Advisors, Inc. (including your login and user profile).
Your access to the Site is licensed to you, not sold. This license immediately terminates upon your breach of these Terms. In addition, Advisors4Advisors, Inc. may terminate this license immediately at any time, at will and for the convenience of Advisors4Advisors, Inc. If you do not abide by the disclaimers, limitations, exclusions, or conditions as provided in these Terms, you are not authorized to use the Site.
For any Content that you submit to Advisors4Advisors, Inc., including (without limitation) webinars, advertisements, messages, digital images, videos, e-mail, and text messages, you represent and warrant the following to Advisor Products, Inc:
1. You own the right to utilize, to license, and to sublicense the Content; and
2. None of the Content will be subject to any obligation (whether of confidentiality, attribution, or otherwise) on the part of Advisors4Advisors, Inc. Advisors4Advisors, Inc. will not be liable for any use or disclosure of any such Content.
Advisors4Advisors, Inc., the Site, and all Content contained on the Site are protected by United States trademark and copyright law and other applicable laws, and are the property of Advisors4Advisors, Inc. (except as expressly identified on the Site). All copyrights and trademarks which are not the property of Advisors4Advisors, Inc. that are used (or referred to) in the Site are the property of their owners. Nothing contained in the Site will be construed as granting any license or other rights to any copyright, trademark, patent, or other property of Advisors4Advisors, Inc. or any third party, whether by implication, laches, estoppel, or explicit grant. The Content is proprietary. Any unauthorized use of Content or other materials on the Site may violate the law, and will be a violation of these Terms.
You are solely responsible for any and all acts and omissions that occur during (or relating to) your use of the Site. You agree not to engage in use of the Site that is unacceptable or illegal (as determined by Advisors4Advisors, Inc. in its sole discretion). Specifically, you agree not to do any of the following things:
Opinions and other statements transmitted by users are theirs alone, and are not opinions or statements of Advisors4Advisors, Inc. Content created by users are the sole responsibility of such users, and their accuracy and completeness are not endorsed or guaranteed by Advisors4Advisors, Inc.
Advisors4Advisors, Inc. is not responsible for any errors or omissions in postings on the Site, or for any results obtained from the use of such information. Under no circumstances will Advisors4Advisors, Inc. be liable for any loss or damage caused by your reliance on information obtained from or through the Site.
Advisors4Advisors, Inc. may (in its sole discretion) consolidate or edit any Content transmitted to, through, or from the Site. Advisors4Advisors, Inc. reserves the right to monitor the Site and to remove any information that Advisors4Advisors, Inc. (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for Advisors4Advisors, Inc. to monitor, screen, or edit Content on the Site in any way.
Advisors4Advisors, Inc. does not participate in any financial, business, or legal arrangements between any of its users. Advisors4Advisors, Inc. derives no compensation from any transactions between its users. Advisors4Advisors, Inc. is not to be held liable for any reason relating to the introduction of users by means of the Site, or any subsequent interaction between users, or any consequence of such interaction.
Any and all disputes (with the exception of copyright claims) arising out of, under, or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) will be adjudicated exclusively in the federal or state courts located in (or having jurisdiction over) Nassau County, New York. Copyright claims will be adjudicated exclusively in a federal court located in (or having jurisdiction over) Nassau County, New York. You expressly consent to the jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse Advisors4Advisors, Inc. for its legal fees and expenses of instituting (or defending) a lawsuit against (or by) you. This agreement, and its validity and effect, will be interpreted under and governed by the laws of New York, without regard to its conflict of laws provisions.
You and Advisors4Advisors, Inc. have agreed to these Terms within the State of New York, for all purposes. All goods and services that are furnished to you on, to, from, or through the Site are deemed to be furnished within the State of New York. All such goods and services are being furnished by Advisors4Advisors, Inc. through its personnel and computer equipment located within the State of New York.
Advisors4Advisors, Inc. fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. Advisors4Advisors, Inc. reserves the right to release information about users whom Advisors4Advisors, Inc. believes are in violation of these Terms. Advisors4Advisors, Inc. also reserves the right to report to law enforcement agencies any activities that Advisors4Advisors, Inc. believes to be unlawful, and the identity of those who intend to harm themselves or others.
Copyright © 2012 Advisors4Advisors, Inc. All Content contained in (and on) the Site, and the Site itself, are copyrighted materials belonging exclusively to Advisors4Advisors, Inc., and are protected by federal copyright law and international treaties. Advisors4Advisors, Inc. enforces its copyright interests to the fullest extent permitted under the law. All rights are reserved.