Advisorwebstrategies.com Terms of Use
Effective Date of Terms of Use: January 4, 2010
Advisor Web Strategies, LLC (hereinafter “Advisor”) hereby provides the advisorwebstrategies.com website, its User Generated Content, and any services or content provided in association with its website (collectively “Website”) according to the terms of this Terms of Use agreement. You understand and agree that by accessing the advisorwebstrategies.com Website you have read, comprehended, and agree to be bound by this Terms of Use agreement. You understand and agree that these Terms of Use are binding regardless of whether purchase goods or services from Advisor or create a registered user account.
Advisor provides this Website as a service to its users and customers. You understand and agree that Advisor will not be held liable for services that are provided by third parties that are not owned or operated by Advisor.
The Website and its associated content is protected by copyright law and is licensed to you for your lawful use subject to the terms and conditions of this Terms of Use agreement and the Advisor Copyright Policy, hereinafter incorporated by reference. You may not use the Website for any purpose other than those specified in these Terms of Use.
READ THIS TERMS OF USE AGREEMENT. IT CONTAINS INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.
ADVISOR RETAINS THE DISCRETION TO MODIFY, DELETE, OR ADD TO THESE TERMS OF USE AT ANY TIME WITHIN ITS SOLE DISCRETION. IF ADVISOR CHANGES THESE TERMS OF USE, ADVISOR WILL CHANGE THE EFFECTIVE DATE OF THE TERMS OF USE AGREEMENT. YOU HEREBY AGREE TO BE BOUND BY ANY MODIFICATION OF OR TO THIS TERMS OF USE AGREEMENT. YOU AGREE TO REVIEW THE MOST CURRENT VERSION OF THIS TERMS OF USE AGREEMENT PRIOR TO USING THE WEBSITE. YOUR USE OR ACCESS OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE OF THIS TERMS OF USE AGREEMENT CONSTITUTES AN ACCEPTANCE OF AND AN ASSET TO THE CHANGE IN THE TERMS OF USE AGREEMENT.
1. Use of Advisorwebstrategies.com Website
You understand and agree that you may not use the Website outside of the uses explicitly provided in this Terms of Use agreement. You hereby agree to be bound by and abide by this Terms of Use Agreement.
2. User Competency
You warrant that you are over the age of 18 and that you are fully capable and competent to agree to the terms, conditions, affirmations, warranties, and obligations outlined in this Terms of Use agreement.
3. Registered User Accounts
Advisor may, now or in the future, provide you with a registered user account that may allow you to upload User Generated Content to the Website. You understand and agree that you have a duty to provide Advisor with the most current, accurate, and complete information about yourself where requested. You also understand and agree that you have an ongoing duty to continually update your personal information if and when it changes and to protect any username and password that is issued to you. You understand and agree that you take full responsibility for any and all actions that occur through or from the use of your registered user account.
You may appoint others to act as your agent to use the Website. You understand and agree that any user that you authorize to have access to your registered user account has the capacity to contract with Advisor and is acting as your authorized legal agent. You understand and agree that you responsible for any and all access to the Website that occurs through your user account. You bear the sole responsibility to control access to your registered user account and to protect your username and password.
You agree that you will hold Advisor harmless for any access to your account, whether authorized or unauthorized.
You are solely responsible for performing any backups of your User Generated Content. You agree to hold Advisor harmless for any damage to, corruption of, or loss of your User Generated Content.
4. Incorporation of Privacy Policy
This Terms of Use agreement hereinafter incorporates Advisor’s Privacy Policy by reference.
5. Ownership of Website Content
Advisor is the owner of the Website and its associated content, including but not limited to text, software, scripts, graphics, photos, sounds, music, videos, and interactive features, as well as their selection and arrangement. Advisor is also the owner of any and all trademarks, service marks, logos, and designs that are contained on the Website. The Website is subject to trademark, copyright, trade secret, and all other intellectual property rights.
Except for any User Generated Content that you provide, the Website may not be used, copied, distributed, modified, framed, republished, reproduced, downloaded, scraped, displayed, transmitted, posted, or sold in any form or by any means, in whole or in part, without the prior written consent of Advisor.
6. Rights in User Generated Content
Advisor is not responsible for any User Generated Content that you provide or submit to the Website, including but not limited to any text, photos, music, videos, profile information, name, likeness, listings, information, advertisements, and any other content that you contribute to the Website. You understand and agree that any User Generated Content that you submit to the Website belongs to you. Advisor is not responsible for the content of any User Generated Content that is submitted to the Website. You understand and agree that your User Generated Content is subject to intellectual property rights, including copyright, trademark, and trade secret rights. Advisor has rights in your User Generated Content as outlined below.
You agree to give Advisor an irrevocable non-exclusive license to use any User Generated Content that you submit to the Website for use for the purposes of the Website or our Trusted Partners Program, which is defined in the incorporate Privacy Policy. These purposes including but are not limited to copying your User Generated Content for storage or archival purposes. You grant Advisor permission to reproduce, publish, modify, distribute, destroy, or otherwise use your User Generated Content for the purposes of the Website or for the purposes of our Trusted Partners Program. You explicitly waive all moral rights in your User Generated Content, and you hereby warrant that you have not otherwise asserted such rights in your User Generated Content.
You understand and agree that your User Generated Content will not violate or infringe upon the rights of third parties, including trademark, copyright, privacy, publicity, or any other personal or proprietary rights. You understand and agree that your User Generated Content will not contain defamatory material or any other material that violates state or federal law.
All notices of copyright infringement that comply with the Digital Millennium Copyright Act will be handled in accordance with Advisor’s Copyright Policy, which is incorporated by reference into this Terms of Use agreement.
7. Compliance With Communications Decency Act
You understand and acknowledge that Advisor is an interactive service provider as defined in § 230 of the Communications Decency Act. You understand and acknowledge that the Website may contain User Generated Content that is contributed to the Website by its users. You understand that the Website may contain links to third party websites that Advisor does not own or control. You understand and agree that Advisor bears no responsibility for these third party websites, their terms of use agreements, copyright policies, and privacy policies, or their content. You understand and agree that you use any third party websites at your own risk, and you hereby expressly warrant and agree to hold Advisor harmless for any and all liability arising out of your use of third party websites.
Advisor may choose to monitor or review the Website and any User Generated Content, but it has no duty to do so. You understand and agree that Advisor’s provision of the Website does not imply its approval or endorsement of third party or User Generated Content. Advisor may delete, remove, or archive the Website or its User Generated Content without notice to you and for any reason.
8. Limited License
Advisor hereby grants you a limited license to access and use the Website for your own personal non-commercial use. You may not use the Website for any purpose that is not expressly allowed under this agreement. You may not republish, incorporate, or otherwise use the Website without the prior written authorization of Advisor. You may not use any data mining, robots, scraping, or any other data gathering or extraction methods on the Website. Any authorized use of the Advisor Website must keep intact all copyright, trademark, or other notices and it must provide the URL identifier associated with the Website content, if any.
You understand and agree that you may only use the Website for commercial purposes with the prior written consent of Advisor. All unauthorized commercial uses are prohibited, including but not limited to the sale of the Website content, the use of the Website for the purpose of gaining subscription or advertising revenue, and the use of the Website to displace the market of Advisor’s goods or services.
You understand and agree that you are prohibited from modifying the Website or otherwise making derivative works of the website.
You understand and agree that you will comply with this Terms of Use agreement, as well as all applicable local, national, and international laws and regulations.
This limited license will automatically terminate if the terms of this Terms of Use are breached. Advisor may, in its discretion, terminate your user account and use of the Website, for a breach of this Terms of Use agreement.
9. Trademarks
Advisor’s trademarks and trade dress, including but not limited to ADVISOR WEB STRATEGIES, are common-law or registered trademarks, trade names, or trade dress in the United States. You understand and agree that you are prohibited from using the trademarks, trade names, or trade dress of Advisor, or any colorable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. The trademarks, trade names, or trade dress of Advisor may not be used or imitated without the prior written consent of Advisor.
10. Warranties
THE WEBSITE IS OFFERED AS-IS. ADVISOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENSE OR ABSENCE OF ERRORS. SOME JURISDICTIONS DO NOT RECOGNIZE AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY TO YOU.
ADVISOR IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED ON THE WEBSITE. ADVISOR BEARS NO RESPONSIBILITY FOR ANY OMISSION, ERROR, DELETION, DEFECT, INTERRUPTION, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A USER ACCOUNT, OR THE ALTERATION THEREOF.
Advisor retains the right to discontinue the Website at any time for any reason.
11. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT ADVISOR WILL NOT BE HELD LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY AND ALL DAMAGES THAT MAY ARISE OUT OF THIS LICENSE OF THE WEBSITE. THESE DAMAGES MAY INCLUDE BUT ARE NOT LIMITED TO SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT ADVISOR WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT THAT YOU PAID FOR THE WEBSITE. IN NO CASE WILL THAT AMOUNT EXCEED $1,000. IF YOU DO NOT PAY A FEE TO USE THE WEBSITE, YOU UNDERSTAND AND AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEVE ONLY, UNLESS OTHERWISE PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OF ONE OF THESE JURISDICTIONS APPLIES TO YOU, SOME OF THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS LOCATED ABOVE MAY NOT APPLY TO YOU. IF THAT IS THE CASE, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR RIGHTS UNDER THE LAWS OF YOUR JURISDICTION.
YOU UNDERSTAND AND AGREE THAT ADVISOR WILL NOT BE HELD LIABLE TO YOU FOR A VIOLATION OF ANY LAWS CONCERNING THE ADVERTISEMENT OF FINANCIAL SERVICES, INCLUDING BUT NOT LIMITED TO THE SECURITIES AND EXCHANGE ACT. YOU UNDERSTAND AND AGREE THAT ADVISOR IS NOT A FINANCIAL ADVISOR AND DOES NOT PERFORM OR SELL FINANCIAL GOODS OR SERVICES. YOU HAVE A DUTY TO ENSURE THAT YOU COMPLY WITH ANY AND ALL FINANCIAL REGULATIONS AND YOU UNDERSTAND AND AGREE THAT YOU WILL HOLD HARMLESS, INDEMNIFY, AND DEFEND ADVISOR FOR ANY CLAIMS CONCERNING THE ADVERTISEMENT OF FINANCIAL SERVICES OR ANY CLAIMS ARISING OUT OF YOUR VIOLATION OF FINANCIAL REGULATIONS.
12. Duty to Indemnify Advisor
You understand and agree to indemnify, hold harmless, and defend Advisor, including its members, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including attorneys fees, that arise from your use of the Website, your violation of this Terms of Use agreement, your violation of the rights of a third party, including but not limited to any intellectual property rights, or any claims that your submission of User Generated Content to the Website caused damage to a third party. You agree and understand that this obligation to indemnify, hold harmless, and defend Advisor will survive the termination or failure of this Terms of Use agreement and your use of the Website.
13. Assignment
You understand and agree that you are prohibited from assigning any rights or duties that are granted under the Terms of Use agreement. Advisor reserves the right to assign its rights and duties under this agreement at any time, including in a sale of the Website or any of the assets of Advisor.
14. Jurisdiction
You understand and agree that, for all legal and non-legal purposes, the Website is located in the State of New York. You also understand and agree that the Website, including but not limited to its User Generated Content, is a passive website. You understand and agree that the Website does not give rise to personal jurisdiction over Advisor in jurisdictions other than the State of New York. This Terms of Use agreement and the incorporated Privacy Policy and Copyright Policy will be governed and interpreted under the laws of the State of New York, without regard to conflicts of laws principles. Any dispute arising out of or in connection with this agreement or the Website will be decided exclusively by arbitration.
15. Arbitration
YOU AND ADVISOR AGREE THAT THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY AND ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT WILL BE ARBITRATION. THIS ARBITRATION WILL BE HELD IN NEW YORK, NEW YORK IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE STATE OF NEW YORK AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEY’S FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS FEES. YOU AND ADVISOR AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBTRATION MAY BE ENTERED AS A JUDGMENT IN ANY COURT SITTING WITHIN THE STATE OF NEW YORK THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND ADVISOR UNDERSTAND AND AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF NEW YORK IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS TERMS OF USE AGREEMENT. YOU AND ADVISOR EREBY SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
16. Severability
The validity or enforceability of this agreement will not be affected by a finding that any provision of this Terms of Use agreement is invalid or unenforceable. If any provision of this agreement is found to be invalid or unenforceable, that provision will be reformed to the extent necessary to make it valid and enforceable.
17. Integration and No Oral Modification
You understand and agree that Advisor does not waive any term or provision of this agreement or consent to a breach of this agreement unless otherwise stated in writing and signed by the party to be charged with the waiver or consent.
This Terms of Use agreement and its incorporated Privacy Policy and Copyright Policy constitute the entire agreement between the parties concerning the Website. There are no further understandings, agreements, or representations with respect to the Website that is not specified in this agreement. You understand and agree that any additional provisions that may appear in any communication from you and will not bind Advisor.
18. Statute of Limitations
YOU AND ADVISOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS TERMS OF USE AGREEMENT MUST COMMENCE WITHIN ONE YEAR (1) AFTER THE CAUSE OF ACTION ACCRUES. IF IT DOES NOT, SAID CAUSE OF ACTION IS PERMANENTLY BARRED.