ADVISOR MEDIA TERMS OF USE, LICENSES, COMMUNICATION and LEGAL INFORMATION
By purchasing and/or using any product or service owned, provided, published or operated by Advisor Media, LLC, or its predecessors, successors or assigns ("Advisor Media"), including this Web site and Advisor publications, the user/subscriber/agency/customer ("You") accepts and agree to the Terms of Use and other terms, policies, and conditions stated on this page, and You also accept and agree to the Advisor Media Privacy Policy, Advisor Media's trademarks and copyrights, and the Advisor Store Policies that apply to all purchases.
YOUR CONSENT
By reading, visiting, purchasing, subscribing to, attending, and/or otherwise using any product or service offered by Advisor Media ("Advisor"), including all Web sites, online content, printed publications, live events, recorded products, e-mail, content feeds, and anything else originating with Advisor Media, You consent to the Terms of Use described on this page, the Advisor Media Privacy Policy, and Advisor Media's trademarks and copyrights. Advisor Media's Terms of Use, Privacy Policy, trademarks and copyrights are subject to change from time to time. Such changes will be made on this and/or other appropriate Web pages, but no individual notice will be provided. You agree to monitor this and other Advisor Media pages for changes, and Your continuing use of Advisor Media's products and services confirms Your agreement to these Terms, now and as may be amended.
YOUR ADVISOR ID AND SUBSCRIBER ACCESS
When You purchase a subscription, it consists of or includes online access to Advisor content such as articles on web pages and files to download. To access Your subscription, to review and update Your account, to begin or renew a subscription, or to inquire about your business with Advisor, You must provide a unique sign-in user name you previously registered with Advisor ("Advisor ID"). If you do not already have an Advisor ID, you should register one before you purchase a subscription.
To register Your Advisor ID go to MemberCenter.Advisor.com. You should register just one Advisor ID, then use it as your permanent identifier of all orders, subscriptions and other Advisor business activities. See www.AdvisorStore.com and Help.Advisor.com for more information.
You are solely responsible for registering Your Advisor ID and providing it to Advisor Media with every order and business contact you initiate. You understand that other parties, including Advisor Media and subscription agencies, do not register a new Advisor ID on Your behalf.
When you place an order via www.AdvisorStore.com or other means, you should provide Your Advisor ID on the order form. The Advisor ID you provide is used by Advisor Media to activate subscriber access, meaning the Advisor ID and password can be used to sign-in to subscriber-only content.
Your subscription term begins when You place the order directly with Advisor Media, or when Your subscription agency or other third-party sends Your order and payment to Advisor Media. Your subscription term begins whether or not You have: registered an Advisor ID; or accurately or timely provided it to Advisor Media for connection to Your subscription; or used Your Advisor ID to access the subscription online. Delay or failure of You to provide Your Advisor ID to Advisor Media for online access activation, or any other failure by You to use online access, is not cause for adjustment or refund.
Advisor Media's sole responsibility is to connect Your Advisor ID to Your subscription to allow You to sign-in and access the subscriber-only content that You purchased. Advisor Media does not have any responsibility to monitor Your subscription or discover or notify You of a problem with your sign-in ID or online access. However, from time to time at its sole discretion, Advisor Media may audit users, subscriptions and accounts and make corrections or notify You of problems or changes.
Advisor Media licenses to the original individual direct purchaser (or original direct acquirer if no charge is involved) the right to use Advisor-published works for the individual's personal education only. This license applies to all Advisor-published works, including: published physically in print; on CD, DVD or other electronic medium; online including Web, email, and RSS; in-person such as a conference or seminar; or by any other means, whether known or unknown. Advisor Media reserves the right to refuse or reject or terminate or cancel any purchase or any customer or any user or any license or any access.
Your right to use Advisor services, including Subscriptions, Passports, content, downloads, and online access, is licensed to You as an individual person, and is not transferable or shareable. You agree to not keep confidential Your personal online access sign-in name and password, and not share them with anyone, including co-workers. Any violation may be prosecuted under civil and criminal law as theft of service, infringement of copyrights, and other causes of action.
For use of copyrighted content that Advisor may provide in information/data feeds such as RSS or XML, You are granted a limited license only if You comply with the following requirements. You must: respect Advisor Media's copyrights and trademarks; provide full attribution to Advisor Media; provide at least one link to http://www.advisor.com; use the information exactly as provided, not altering or extracting in any way; not use any content that is not explicitly included by Advisor in a public feed. For instance, You are not allowed to copy or otherwise re-post Advisor's articles in any way, and You are not allowed to acquire any of Advisor's content through "screen scraping" or other means. You are not allowed to use Advisor's trademarks except to identify the source of Advisor's public content feeds. You agree to cease using Advisor content, information, data, trademarks, or other property upon request.
You may not re-post, copy, forward or otherwise publish or distribute any Advisor Media content, including articles, files or other works; doing so would violate United States and international copyright laws. If You have special needs, such as content redistribution or access for multiple users, contact Advisor Media for licensing options. Unless you receive written permission directly from Advisor Media, you do not have permission of any kind.
Use of robots, crawlers, spiders, bulk-mail systems, port scanners, or any other automated method of connecting with Advisor web sites, e-mail addresses, and any other servers, is forbidden. Any automated scanning, indexing or gathering of Advisor online content is forbidden, unless permission is explicitly granted by Advisor Media to the user of automated methods. Any automated method of sending non-requested e-mail to Advisor is forbidden. Performance of any automated activity is cause for blocking of the perpetrator's IP address, termination of the perpetrator's account, and forfeiture of any money paid to Advisor for subscriber or other access, and notification of the perpetrator's Internet Service Provider, employer, government agency, and/or other authorities. Further, Advisor Media requires compensation for unauthorized use of its systems, including performance degradation and other negative impacts caused by automated activities. By using automated methods directed at Advisor Media's IP address ranges, the perpetrator agrees to payment of $10.00 (U.S. ten dollars) per server hit, e-mail message, or any other attempt to connect, as shown in Advisor server logs and/or by other methods, or $10,000 (U.S. ten thousand dollars) per day, whichever is less, whether such attempts succeed or fail at retrieving content, sending e-mail to Advisor, or achieving any other result for the perpetrator.
Use of ad-blocking methods is forbidden. The advertising on Advisor Media's web pages helps pay the costs of providing you with the online services. Therefore, if you use any method to avoid receiving or seeing these ads, you are agreeing to make alternate payment for your use in the amount of $100 (U.S. one hundred dollars) per day for every day you visit any Advisor web site while you are hiding, suppressing or otherwise not viewing all of the site's advertising messages. Also, if you use any ad-blocking method to view any Advisor online content, you are modifying the content by removing the advertising, thereby creating a derivative work without permission, in violation of U.S. and international copyright laws. By doing so, you agree to pay $50 (U.S. fifty dollars) per-view as a copyright derivation fee, for every viewing of a page you have modified or allowed to be modified, by ad-blocking or any other method.
Notice to anyone who posts, copies or republishes content that is copyrighted by Advisor Media: Unless the poster in-advance receives explicit written authorization from Advisor Media, the action of posting, copying or republishing constitutes explicit agreement by the poster AND by the owner or other beneficiary of the website/publication to EACH pay to Advisor Media a licensing fee of $1,000.00 (U.S. one thousand dollars) per article per day, per posting, and/or per publication, and/or per website. Payment of this required fee does not cause Advisor Media to waive any of its rights to pursue additional remedies under U.S. and international law.
CUSTOMER COMPLIANCE
Advisor Media reserves the right to restrict, suspend, terminate or modify service to You, with or without notice, if You fail to comply with Advisor Media's stated terms and conditions of use, Advisor Store policies, Advisor Media's copyrights and trademarks, or for any other reason that Advisor Media at its sole discretion deems harmful or unacceptable. While not limiting the general scope of this statement, the following customer/user actions are some of the possible causes for termination: failure to pay for service; making a false statement or claim to Advisor Media; publicly making a false statement or attempting to disparage Advisor Media; interfering with or attempting to disrupt Advisor Media services or business operations; declaring bankruptcy; violating Advisor Media's copyrights or trademarks; sharing or using an Advisor sign-in without proper authorization; being involved with illegal or non-compliant activities that potentially affect Advisor Media; breaching any part of Advisor's customer-related terms and agreements; failing to pay or disputing payment, terms or other matters; or performing actions that could affect other Advisor Media customers. Upon such termination, Advisor Media may immediately deactivate Your access.
TRADEMARKS
ADVISOR® is a registered trademark of Advisor Media in the Unites States, the European Union, and other countries. The ADVISOR logo, and most names of Advisor Media's products and services, including Internet domains, that include the registered trademark ADVISOR® are either registered trademarks, trademarks or service marks of Advisor Media. Trademarks of other parties are used for identification, description and editorial purposes. In some cases trademarks are used under license from their owners. Click for a list of trademarks of Advisor Media and other parties. The absence of a name or logo does not constitute a waiver of any and all intellectual property rights that Advisor Media has established in any of its product or service names or logos.
ACCURACY OF INFORMATION
USE OF ALL INFORMATION IS ENTIRELY AT YOUR OWN RISK. The information, files and resources published, presented, offered or provided by Advisor Media have been obtained from sources believed to be reliable. Published information, articles, tips, reviews, code and files do not undergo formal testing by Advisor Media. Opinions expressed are those of the writers and do not necessarily reflect the views of Advisor Media. No advice or information given by Advisor Media, its employees, writers, speakers, affiliates, contractors, agents, or related companies, shall create a warranty, unless specifically outlined and agreed to in writing. Advisor Media, including its editors, writers and speakers, disclaim all warranties as to the accuracy, completeness, Year 2000 compliance, or adequacy of the information, and shall have no liability for errors, omissions, or inadequacies of the published or presented information. While Advisor Media strives to provide correct information, an Advisor publication, conference, seminar, tradeshow, CD, DVD, e-newsletter, e-mail, content/data feed, Web site or any other product or service may contain incorrect information caused by human error, computer error, changes in technology, changes in business practices, or other changes that may occur. Advisor Media and other parties may make changes to the information published, presented or mentioned by Advisor at any time without notice. The reader/user/attendee/customer assumes sole responsibility for determining the suitability and making appropriate use of the information and resources. The facts and opinions expressed are subject to change without notice. The content, sessions, speakers, schedule and all other details of live and online events, conferences, seminars and tradeshows are subject to change without notice or liability.
COPYRIGHTS
The entire contents of the Advisor NetworkTM and all physical, electronic, live and other works published, presented and operated by Advisor Media, including all Web sites, Web pages, e-mail, content feeds, print, recorded products, and any other form of content published by Advisor Media (including predecessor and related companies), and all Advisor Media works published in any fashion, including but not limited to other Internet sites or distributed or made available in any manner, including but not limited to by Internet, by disk, in print, in person, whether published with or without the permission, are copyrighted by Advisor Media unless otherwise stated, and protected by U.S. and international law. All rights are reserved. Absolutely no copying, re-posting, republishing, or any other reproduction, derivation or extraction, of any scope, quantity or nature, in any form, for any purpose, is allowed without written authorization from Advisor Media
PROSECUTION REWARD
Advisor Media vigorously protects its copyrights and trademarks. If You know of anyone who is using, publishing or duplicating copyrighted material of Advisor Media without permission, or if You know of anyone who is using the trademarks of, or who is attempting to inappropriately benefit from the reputation of, or who is misleading the public about an affiliation with, Advisor Media, please provide details via http://Help.Advisor.com. Advisor Media offers a reward for evidence leading to successful prosecution of persons or organizations violating the copyrights or trademarks of Advisor Media.
WARRANTY & LIMITATION OF LIABILITY
ALL PRODUCTS, SERVICES, MATERIALS AND INFORMATION PROVIDED BY ADVISOR MEDIA, LLC, OR PREDECESSOR COMPANIES, ASSIGNS OR SUCCESSORS ("ADVISOR MEDIA"), INCLUDING ARTICLES, WEB PAGES, INSTRUCTIONS, FILES, PROGRAM CODE, TRAINING, SOFTWARE, ADVICE, RESEARCH, SERVICES, CONFERENCES, SEMINARS, WORKSHOPS, EVENTS, AND ALL OTHER PRODUCTS AND SERVICES ("MATERIALS"), WHETHER PROVIDED ON THIS OR ANOTHER WEB SITE, IN A MAGAZINE, IN A NEWSLETTER, ON A DISK, ON A VIDEO TAPE, IN A BOOK, IN A CONFERENCE, IN A WORKSHOP, IN A SEMINAR, BY E-MAIL, BY FAX, BY CONTENT/DATA FEED, ON THE INTERNET, OR IN ANY OTHER PRINTED, ELECTRONIC, LIVE, RECORDED, MECHANICAL, HUMAN OR OTHER WAY, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, ADEQUACY, OR YEAR 2000 COMPLIANCE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. NO ADVICE OR INFORMATION GIVEN BY ADVISOR MEDIA, ITS EMPLOYEES, WRITERS, SPEAKERS, AFFILIATES, CONTRACTORS OR AGENTS SHALL CREATE A WARRANTY, UNLESS SPECIFICALLY OUTLINED AND AGREED TO IN WRITING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL ADVISOR MEDIA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR USE OF ITS INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPENSES, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF SOFTWARE OR DATA, OR ANY OTHER LOSS OR PROBLEM, EVEN IF ADVISOR MEDIA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ADVISOR MEDIA'S ENTIRE LIABILITY IN ANY MATTER ARISING OUT OF ITS INFORMATION, PRODUCTS OR SERVICES, WHETHER BY TORT OR CONTRACT, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER DIRECTLY TO ADVISOR MEDIA. UNDER NO CIRCUMSTANCES WILL ADVISOR MEDIA BE RESPONSIBLE FOR AMOUNTS PAID TO OR OBLIGATIONS RELATED TO THIRD PARTIES FOR ANY PURPOSE WHATSOEVER.
COMMUNICATIONS AND NOTICES
You agree to receive all information and documents from Advisor Media, including invoices, bills, receipts, confirmations and other notices, in digital format such as web page, email, fax, or other method, at Advisor Media's sole discretion. You agree that any such communication is legally equivalent to "written" documents that might otherwise be sent in a physical format, and carries the same legal effect. However, if You must physically sign a document, You agree to comply with Advisor Media's method of doing so, such as faxing, or signing and mailing a printed document. Advisor Media is not responsible for any failure of You to receive a document or be aware of the status of your purchase or subscription, such as expiration date or need to renew. If You have questions about your account, notify Advisor Media immediately by using the contact methods described at the bottom of this agreement.
PAYMENT POLICIES
Advisor Media reserves the right to change prices at any time without prior notice to its customers or the public. If You have a current subscription, it will not be affected by a price change. However, a renewal, extension or change that You request will be at the new price.
You agree to make payments by credit card, debit card, or other method that is acceptable to Advisor Media, such as the payment methods provided at www.advisorstore.com, which may be changed at any time. If You purchase a product or service that involves recurring payments, You authorize Advisor Media to charge the amount You owe to the credit/debit card You provided, and You agree to pay those amounts to the benefit of Advisor Media.
If there is a problem with your means of payment that prevents Advisor Media from receiving the funds in full, an administrative fee will be added to your purchase or balance due. The fee if your credit card or debit card charge is declined is US$2.00 (two dollars). The fee if your check is declined is US$20.00 (twenty dollars).
If your make payment in a currency other than U.S. dollars, You agree that any currency exchange costs, plus an administrative fee of US$5.00 (five dollars) may be added to your balance due.
Should Your payment not be received by Advisor Media for any reason that is beyond its control, You will be notified and You agree to make payment immediately by alternate means. If at any time Your payments are not sufficient to cover your balance due to Advisor Media, You agree that products and services may be suspended until you provide the necessary payment.
PROBLEM RESOLUTION
If You have a problem with your purchase, You agree to cooperate with Advisor Media to resolve the problem. Provide Advisor Media with complete details on your purchase, your reason for believing there is a problem, and your email and telephone number, by using the contact methods stated at the bottom of this agreement. You agree to allow Advisor Media thirty days to investigate, contact You, correct the problem, or issue a prorated refund if appropriate. You may not request a refund because You did not use a service that You ordered and Advisor Media provided, such as online access, a CD You did not use, or a subscription You did not read. You may not request a refund due to a technical or other problem that can be corrected; instead, You agree to notify Advisor Media. You may not request a refund due to problems or factors related to your environment, including but not limited to your online access availability, firewalls, anti-virus and anti-spam systems, ad-blocking systems, reliability of local mail delivery, name or address mistakes caused by You, or any other factors that are beyond Advisor Media's control. Normally, a refund will be made in the same form and to the same party as the original payment. If you dispute a credit/debit card payment that results in an invalid or incorrect charge back to Advisor Media, an administrative fee of US$25 (twenty-five dollars) will be added to your purchase or balance due.
SUBMISSIONS TO ADVISOR
Unless prior agreement is made in writing by Advisor Media, the act of submitting to Advisor any works by any means, including online, email, electronically, physically, or in any other form, grants to Advisor Media, LLC the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the works in any medium, for any purpose whatsoever, whether the medium and/or purpose are known or unknown, existing or yet to be invented. You waive any legal and moral rights You may have regarding changes to the works. Examples of submitted works include but are not limited to: tips, articles, instructions, opinions, data, advice, recipes, photographs, diagrams, computer code, example software, blueprints, illustrations, graphics and images, comments in discussion forums and other places, and any other information, content or works.
SCOPE AND JURISDICTION
This agreement applies to Your relationship with Advisor Media, LLC, or its predecessor companies, assigns or successors ("Advisor Media"). When you use an Advisor Media product or service, visit an Advisor Web site, do business with Advisor Media, provide information to Advisor, or in any way interact with Advisor Media, you agree that your activities, transactions and information is covered only by the laws, regulations and protections applicable to the location of Advisor Media, which may be different from your country or location. Advisor Media's main location is in San Diego County, California, USA.
Advisor Media provides advertising, links, listings, editorial content, and information on "third-party" companies, people and Web sites as a convenience only. Advisor Media has no control over such other parties, and Advisor Media does not endorse or accept any responsibility for Your experiences with anything advertised, linked, listed, written about, or otherwise provided or mentioned by Advisor Media in any medium or any context.
AFFILIATIONS
Advisor Media is an independent company founded in 1983. Advisor Media, LLC is organized in the State of California. It is neither owned nor controlled by any other company.
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