All Information available through “AdvisoryWorld.com” is the property of AdvisoryWorld. or its Information Providers and is protected by copyright and intellectual property laws. All rights reserved.
You may not reproduce, retransmit, disseminate, sell, publish, broadcast, nor shall the Information be used in connection with creating, promoting, trading, marketing Investment Products without the express written consent of AdvisoryWorld or its Information Providers. You are entitled to use the Information it contains for your private, non-commercial use only.
Nature of Application
AdvisoryWorld’s Applications (“AdvisoryWorld.com”, “Application”, “Applications”, “Software”), including its public website and all of its licensed websites including but not limited to the Advisor Proposal Generator, SCANalytics, and ICE, contains statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. References to any specific securities do not constitute an offer to buy or sell securities. The past performance of a mutual fund, stock, or any investment cannot guarantee its future performance.
Neither AdvisoryWorld nor its Information Providers can guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the Information on its applications, including, but not limited to Information originated by AdvisoryWorld, licensed by AdvisoryWorld from Information Providers, or gathered by AdvisoryWorld from publicly available sources. There may be delays, omissions, or inaccuracies in the Information.
NEITHER ADVISORYWORLD NOR THE INFORMATION PROVIDERS SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION OR “ADVISORYWORLD.COM,” OR FOR INTERRUPTION OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF “ADVISORYWORLD.COM.” THE PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR ANY INVESTMENT CANNOT GUARANTEE ITS FUTURE PERFORMANCE.
NEITHER ADVISORYWORLD. NOR ITS INFORMATION PROVIDERS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED IN “ADVISORYWORLD.COM” ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
This is the User Agreement for the below-defined Application made available to you by AdvisoryWorld. (“AdvisoryWorld”). This is also where you will find posted updates by this User Agreement in the future.
YOUR USE OF THIS PRODUCT/SERVICE AND ANY OF ITS CONTENTS MADE AVAILABLE TO YOU HERENUNDER, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THROUGH IT IN ANY FORM OR MEDIA AND ALL SERVICES THAT MAY BE PROVIDED IN CONJUNCTION WITH IT (ALL SUCH INFORMATION, MATERIALS AND SERVICES, COLLECTIVELY, THE “SERVICE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (“AGREEMENT”). BY SUBSCRIBING TO THE SERVICE, USING THE SERVICE IN ANY WAY, OR ACCEPTING ANY RELATED SERVICES FROM ADVISORYWORLD, YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND THIS AGREEMENT, (2) HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (3) ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
AdvisoryWorld may change the terms and conditions of this Agreement at any time. A notification of such change(s), as well as the revised Agreement itself, will be posted on AdvisoryWorld.com. You will be responsible for regularly checking AdvisoryWorld.com and for reviewing any changes to the Agreement. By using the Application after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
Use of this Application
Subject to the terms of this Agreement, AdvisoryWorld grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the Application, to which you are granted access but only for your own commercial use and not for any use on behalf of any third party. For absence of doubt, you may not use the Application to service other financial service providers or advisor(s) or their clients.
Subject to the terms of this Agreement, you may download or print hard copies of pages or reports from the Application or portions thereof but only in connection with your own personal, noncommercial use and not on behalf of any third party.
There may be certain limits or additional conditions imposed on you in order for you to access certain portions of the Application and/or to download and/or print pages or reports (e.g., the number of downloads may be limited or you may be required to pay additional fees for downloads beyond a certain number or you may be required to provide additional information). In all cases, this Agreement (as supplemented by such limits and/or additional terms and conditions) will govern your use of the Application and you agree to comply with it.
Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate the Application, or any portion of it (including, but not limited to, any download or printed copies made from it) without AdvisoryWorld’s prior written consent.
AdvisoryWorld has the right, at any time without notice, to: (i) revoke or limit your license to use the Application (or any portion of it); and (ii) change or discontinue providing the Application (or any portion thereof). AdvisoryWorld has no obligation to update the Application or to correct any errors or omissions that might be contained in it.
Ownership and Copyright
You acknowledge and agree that the Application (including, without limitation, all information contained in or associated with it) is owned by AdvisoryWorld and/or its third party content providers (“Content Providers”) and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Application contains certain proprietary data and information of AdvisoryWorld and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use. Each Content Provider is a third party beneficiary of this Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this Agreement.
Disclaimer of Warranties
THIS SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS. ADVISORYWORLD AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER ADVISORYWORLD NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. NEITHER ADVISORYWORLD NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER ADVISORYWORLD NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. NEITHER ADVISORYWORLD NOR ITS CONTENT PROVIDERS WARRANT THAT THIS SERVICE COMPLIES WITH THE REQUIREMENTS OF THE NASD OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases.
Limitation of Liability
NEITHER ADVISORYWORLD NOR ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM ADVISORYWORLD MAKES THE SERVICE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY ADVISORYWORLD (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT OR EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ADVISORYWORLD AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, AND THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $1,000.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, NEITHER ADVISORYWORLD NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF ADVISORYWORLD OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless AdvisoryWorld, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Application; (ii) your breach of this Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Application (including, without limitation, in any Discuss Area (as defined below) that may be made available as part of the Application).
You may modify your password at any time as often as you like. You may not select any password that violates any third party’s rights or is offensive, improper, or inappropriate. If AdvisoryWorld determines in its sole discretion that any password you select is inappropriate for any reason, AdvisoryWorld may delete that password and/or limit or terminate your access to the Application.
Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this User Agreement).
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY ADVISORYWORLD (USING THE TOLL-FREE NUMBER OR E-MAIL ADDRESS LISTED BELOW UNDER “CUSTOMER SERVICE AND PRODUCT SUPPORT”) OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.
Third-Party Web Sites, Links, and Information
The Application may contain information, products, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Application. AdvisoryWorld does not control this information or these products, services, or Web sites, AdvisoryWorld does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in conjunction with the Application does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with AdvisoryWorld with respect to any third party, any third party’s Web site or its content, or any information, products, or services provided by a third party.
Privacy and Information Made Available by You
Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than that of the State of California. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, U.S.A., for any action or proceeding arising under or relating to this Agreement, the Application, or the use of, or reliance on this Application, whether based in contract or tort or otherwise.
Duly Executed Master Professional Application Agreements, Statements of Work, Product & Application License Agreements and Hosted Software Agreements notwithstanding, this Agreement shall constitute the entire agreement between you and AdvisoryWorld regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
To the maximum extent possible, each provision in this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.
Subscription and Application
Your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal. In those instances where you took advantage of a special or introductory offer to become a licensed user, your subscription will automatically renew to the term specified in the offer and your credit card will be charged the subscription fee in effect at the time of that renewal. The term “subscription term” shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.
ADVISORYWORLD RESERVES THE RIGHT TO CHANGE THE SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE PREMIUM SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including but not limited to your coworkers) other than immediate family members living in the same household, provided that: (i) such family members have read and agree to be bound by the terms and conditions of this Premium membership Agreement; (ii) your subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use of your subscription by those other family members.
Charges and Billing Practices
AdvisoryWorld reserves the right to change the fees it charges for products, services or features (collectively, “Products”) offered in connection with the Licensed Application at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products, with which there are associated fees, you agree to pay those fees. If you do not want to pay these associated fees, you must cancel your subscription, as set forth below.
Subscription fees and all others fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the Application (“your credit card”). If your credit card is a VISA or MasterCard and the number or expiration date for your credit card changes for any reason (for instance, you get a new number because your old card expired, was stolen, etc.), that updated information may be automatically passed on from your credit card issuer to AdvisoryWorld, and if we do receive such information, it will be treated by AdvisoryWorld as if it were originally furnished by you. To learn more about this service being provided by your credit card issuer, please contact them directly.
You must promptly notify AdvisoryWorld (as set forth below) if any information related to your credit card changes is no longer valid or of any other change to the information you provided AdvisoryWorld regarding your credit card (including, but not limited to, changes to your billing address or other pertinent contact information). Absent such notification, AdvisoryWorld will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, AdvisoryWorld shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including attorneys’ fees) incurred by AdvisoryWorld in collecting any unpaid subscription fees or other charges from you.
If you bought your subscription through AdvisoryWorld, you may cancel your subscription by calling 800-480-3888 or emailing firstname.lastname@example.org to notify AdvisoryWorld.
Except as otherwise provided herein, if you cancel your subscription at any time your membership will continue in effect until the monthly anniversary of the effective date of your paid subscription and then terminate on that date. (For example, if your paid subscription start date is on January 1 and you cancel on June 15, your membership continues until July 1, at which time it ends). For Annual Members, any remaining charges will be refunded, prorated on a monthly basis, to your credit card after your membership is terminated.
AdvisoryWorld may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this User Agreement; or (ii) your use of or access to the Licensed Application violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Licensed Application or any other service offered by AdvisoryWorld. None of the foregoing limits any other legal, equitable, or contractual rights available to AdvisoryWorld.
AdvisoryWorld may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the e-mail address you provided when completing your registration. You will be deemed to have received this notice, whether or not you saw it or the e-mail address provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.
Customer Application and Product Support
For customer service related to your Licensed Application (including information regarding registration and billing), contact AdvisoryWorld via telephone at (800)480-3888.
For technical and product support related to your Licensed Application, please contact AdvisoryWorld at 800-480-3888 or email@example.com
This User Agreement was last updated on September 24, 2018.