TERMS AND CONDITIONS OF USE
Date of Last Revision: September 1, 2011
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site of Orchestra Wealth, Inc., the operator of WealthVisor.com ("Company"), located at www.wealthvisor.com (the "Site") and the information and other services provided therein (the "Services"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Site Terms.
Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Although we will attempt to notify you when major changes are made to these site terms, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any question regarding the use of the Site, please refer first to the FAQ. All other questions or comments about the Site or its contents should be directed to Customer Care.
2. Consent to Receive E-mails
By using the Site, you consent to receive e-mails from WealthVisor, which may include commercial e-mails provided such e-mails are in accordance with the preferences you select in the e-mail and notifications page of the My Account section of the Site. You may change such preferences by changing your account settings on the e-mail and notifications page of the My Account section of the Site. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account-related e-mails from WealthVisor.
3. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any financial advisor listings, pictures, profiles, ratings or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Copyright Complaints
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Curt Blake
Full Address of Designated Agent to Which Notification Should be Sent:
318 1st Avenue South, Suite 200,
Seattle, WA 98104.
Facsimile Number of Designated Agent: (877) 440-1862
E-Mail Address of Designated Agent: firstname.lastname@example.org
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
WealthVisor, Orchestra Wealth, the Company logo and any other product or service name or slogan contained in the Site are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "WealthVisor" or any other name, trademark or product or service name of Company without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Company, any of its products and services, or any financial service professional or financial service provider entity in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of Company to link to this Site without the express written permission of Company. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Company's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Company or any third party.
Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
8. Premium Services
WealthVisor.com offers optional Premium Services including advertising, WealthVisor Plus and blog hosting. By selecting a Premium Service you agree to pay WealthVisor.com the subscription fees indicated for that service. Payments will be charged on the day your Premium Service goes into effect and will cover the use of that service for the period indicated. Monthly payments will be charged to your credit card on a recurring basis until you cancel your service. Premium Services other than advertising must be cancelled prior to your monthly renewal in order to avoid billing of the next month's Premium Service fee. For advertising services, WealthVisor.com must receive written notice of your cancellation at least thirty (30) days in advance of the monthly renewal date on which you wish to make the advertising campaign cancellation effective. All cancellations of advertising services must be received in writing by email (email@example.com) or by U.S. mail (318 First Avenue South, Suite 200, Seattle, WA 98104 ATTN: Cancellations). Premium Service fees are not prorated or refundable.
If your payment method fails or your account is past due, WealthVisor.com reserves the right to either suspend or terminate your Premium Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Premium Services. You agree to submit any disputes regarding any charge to your account in writing to WealthVisor.com within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
9. No Financial Adviosr-Client Relationship
Information posted or made available on or through the Site, including without limitation any responses to financial questions posted on WealthVisor.com Financial Answers, information provided in WealthVisor.com Financial Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or financial related content or information (collectively "Financial Information") is not intended to create an financial advisor -- client relationship between you and any financial advisor. Such Financial Service Information is intended for general informational purposes only and should be used only as a starting point for addressing your financial issues. It is not a substitute for an in-person or telephone consultation with a financial professional licensed to practice in your location about your specific financial issue, and you should not rely upon such Financial Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to any legal privilege.
Company does not select, screen, approve, endorse or limit who can post Financial Information, including those who contribute responses to WealthVisor.com Financial Answers and WealthVisor.com Financial Guides ("Contributors"). Designation as a Contributor at a particular level is based solely on the number of contributions made and user ratings as to helpfulness of such contributions and does not reflect any endorsement or approval by Company. In addition, although we reserve the right to review, remove or edit any content from the site, we do not routinely screen, monitor, or review the content of any such Financial Information. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Financial Information or the qualifications of those posting Financial Information. COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY FINANCIAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON FINANCIAL INFORMATION IS SOLELY AT YOUR OWN RISK.
10. Financial Information
The Company is not registered as an investment adviser with any federal or state regulatory agency. Rather, to the extent that any Site content could be deemed to be investment-related, Company relies upon the “publisher’s exclusion” from the definition of “investment adviser” as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. Correspondingly, to the extent that any Site content could be deemed to be investment-related, the Site is a bona fide publication of general and regular circulation offering impersonalized investment-related advice to users and/or prospective users (e.g., not tailored to the specific investment portfolio or needs of current and/or prospective users).
The Site is limited to the dissemination of impersonal and objective investment-related information [together with access to additional impersonal investment-related information and links.] The publication of the Site on the Internet should not be construed by any user as Company’s (i) solicitation to effect, or attempt to effect transactions in securities over the Internet, or (ii) provision of any investment related advice or services tailored to any particular individual’s financial situation or investment objective(s).
Neither the Company nor the Site provides investment advisory, investment supervisory or investment management services, nor the initial or ongoing review or monitoring of the user’s individual investment portfolio or individual particular needs. Therefore, no user should assume that his/her/its use serves as a substitute for individual personalized advice from any investment professional of the user’s choosing. Rather, the Site is designed solely to provide users with a method to obtain and evaluate information from various investment-related professionals (the “Professionals”), none of which are affiliated with the Company or the Site.
The user maintains absolute discretion as to whether or not to contact or engage any Professionals or to follow any portion of the Site content. Company does not offer or provide investment implementation services, nor does it offer or provide initial or ongoing individual personalized advice (neither in person nor via the Internet) It remains the user’s exclusive responsibility to review and evaluate the content and to determine whether any such content and/or Professionals is appropriate for a user’s individual situation (of which Company has and expresses no knowledge or opinion). Company expresses no opinion as to whether any of the information contained or accessible on/from the Site is appropriate for a user’s investment portfolio, strategy, financial situation, or investment objective(s). The Company does not endorse the services of any of the Professionals, including those who may have determined to compensate the Company to advertise on the Site.
Please Note: Investment Risk. Different types of investments involve varying degrees of risk, and it should not be assumed that future performance of any specific investment or investment strategy (including the investments and/or investment strategies recommended or undertaken by any of the Professionals) will be profitable or equal any specific performance level(s).
Certain portions of the Site (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s). Moreover, no user or prospective user should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from the Company, or from any other investment professional. The Company is neither an attorney nor an accountant, and no portion of the Site content should be interpreted as legal, accounting or tax advice.
In the event that a user determines to complete a Questionnaire regarding any of the Professionals, the user warrants and represents that he/she/it has done so as his/her/its own voluntary act, and has not been requested to do so by any of the Professionals. Please Remember that user comments regarding any of the Professionals are specific to each user’s experience and may not be indicative of the experience of others.
The Company does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared or provided by any unaffiliated third party (including but nit limited to the Professionals), whether linked to Site or incorporated herein, and takes no responsibility therefor. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.
Each user or prospective user acknowledges and accepts the limitations of the Site and agrees, as a condition precedent to his/her/its access to the Site, to release and hold harmless Company, its officers, directors, owners, employees, advisors, affiliates, and agents from any and all adverse consequences resulting from his/her/its use of any information set forth on the Site (or on any links provided on the site) or from the engagment of any Professionals. Relative to the Company, the User expressly acknowledges and agrees that any action he/she/it may or may not take in conjunction with any Site content is at the user’s own risk.
THE SITE, THE SITE MATERIALS (INCLUDING ANY FINANCIAL INFORMATION) AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
While Company endeavors to provide and to allow others to provide useful information regarding financial advisors, insurance agents, tax preparers, financial services and financial guidance, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that financial professionals and other information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information and Site Materials, such as WealthVisor.com Ratings and Financial Information), and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that an WealthVisor.com Rating and the other information contained in a financial professional’s profile, such as descriptions of a financial professional’s areas of practice (including percentages devoted to each), and other data, summaries or descriptions on the Site, are based on the data obtained by or submitted to Company, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to Company. A WealthVisor.com Rating reflects the Company's assessment of a given financial professional, based upon the information obtained by or submitted to Company; someone else's assessment of the same financial professional may be different or based upon different information. Neither WealthVisor.com Ratings, Financial Information nor any of the other information contained on the Site or provided through the Services, are an endorsement of any particular financial professional or are a guarantee of a financial professional's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of a financial matter handled by such financial professional. The information provided on this Site is intended to be a starting point to gather information about financial issues and financial advisors who may be suitable for your financial needs, but you should not rely solely on such information in deciding whether to hire a financial professional or how to resolve a financial matter. Furthermore, you should independently verify the accuracy of any information you obtain on the Site before using it, and you should obtain independent references for any financial professionals you are considering hiring. You agree to be solely responsible for your use of the Site, the Site Materials and the Services and for determining the suitability of, and the results obtained from, any financial professional you hire.
Additional information about Site Materials, the Services, the WealthVisor.com Rating, WealthVisor.com Financial Answers, WealthVisor.com Financial Guides, the sources of information displayed on the Site, and other important matters is contained within the Site itself, including in the FAQ, and Community Guidelines, and you acknowledge and agree that your use of the Site, or of any information or features in or on the Site, is informed by and subject not only to these Disclaimers and Site Terms but also by the information and explanation available on these pages.
COMPANY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION FINANCIAL PROFESSIONAL PROFILE OR FINANCIAL SERVICE COMPANY PROFILE INFORMATION OR FINANCIAL INFORMATION. WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any financial professionals, financial service firms, or other financial service providers or organizations, educational institutions, courts, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
11. Limitation of Liability
IN NO EVENT SHALL COMPANY OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF FINANCIAL MATTERS, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE OR COMPANY SERVICES.
12. Third Party Content
Company or users may provide links to Web pages and content of third parties as a service to those interested in such links and content, and Company may post third party content or allow users to post their content or third party content to the Site including without limitation Financial Information (such content is collectively referred to as "Third Party Content"). Company does not monitor or have any control over any Third Party Content or third party Web sites. Company does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk.
13. Third Party Services
The Site may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the "Third-Party Services"), including without limitation financial and financial related services. Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, Company makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and Company assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and Company is not responsible or liable for any Third-Party Services.
14. Third-Party Verification
The Company may make these or other third-party verification services available to financial professionals and Service users. Financial professionals and Service users may use these services, or the information provided by these services, to verify information such as, but not limited to, name, address, social security number, criminal background, and professional license credentials. As a financial professional, you affirm that all of the information you provide to the Company is correct, complete, and applicable to you, and by requesting to use, registering to use, and/or using the third -party verification services, you represent and warrant that you:
(i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony or, any criminal offense involving the purchase or sale of any security or arising out of such person's conduct as an underwriter, broker, dealer, investment adviser, municipal securities dealer, government securities broker, government securities dealer, bank, transfer agent, credit rating agency, or entity or person required to be registered under the Commodity Exchange or as an affiliated person, salesman, or employee of any investment company, bank, insurance company, or entity or person required to be registered under the Commodity Exchange Act, and
(ii) by reason of any misconduct, are not permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction from acting as an underwriter, broker, dealer, investment adviser, municipal securities dealer, government securities broker, government securities dealer, bank, transfer agent, credit rating agency, or entity or person required to be registered under the Commodity Exchange Act, or as an affiliated person, salesman, or employee of any investment company, bank, insurance company, or entity or person required to be registered under the Commodity Exchange Act, or from engaging in or continuing any conduct or practice in connection with any such activity or in connection with the purchase or sale of any security.
As a financial professional, you hereby authorize Company, or its designees, to verify your representations and warranties herein, and you acknowledge that Company reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. If financial professionals decide to have their information verified, you, as a financial professional understand that the information in the report may factor into other party's decisions to engage you as a financial professional. You agree to indemnify and hold harmless Company from any loss or liability that may result from your sharing this information publicly.
If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that Company offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy or reliability of the third-party verification service and/or the information provided by the third-party verification service.
15. Advertisements and Promotions
Company may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Site.
16. Financial Services Advertising and Communications
It is solely the responsibility of financial professionals and financial companies to ensure that any information or advertisements they post or place on the WealthVisor.com website (including without limitation any Financial Information), and any communications they may have with prospective clients through the Site and the Services, fully comply with all applicable rules of professional (COMPLIANCE) conduct, including without limitation those regulating the form, manner or content of communications with clients, advertising, or other matters.
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of e-mail or other submissions to Company, or any postings on the Site, are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
18. User Posted Content & Other Interactive Services or Areas
The Site includes areas in which users may post content and information, including without limitation client ratings and reviews, messages, financial questions and answers, financial guides, comments, data, text, photos, graphics or other materials (the "User Content") and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree to comply with the WealthVisor.com Community Guidelines and you further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of a financial professional or financial company with whom you have not had direct, personal experience in a professional context or as a client of such financial professional or financial company;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for financial services, financial service providers, or referral services;
- Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
- Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
- Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and
- User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Company or its users to any harm or liability of any type.
If you post User Content to the Site, unless we indicate otherwise, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Company and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
19. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than yourself.
You agree to defend, indemnify and hold harmless Company, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
21. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use is outside of the State of Washington), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
Notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site. Notwithstanding the foregoing, Premium Service subscriptions will only be terminated by WealthVisor.com if your payment method fails, your account is past due, you breach this agreement and fail to cure such breach within ten (10) days of WealthVisor's notice to you thereof, or WealthVisor.com discontinues offering such Premium Service.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
24. Questions & Contact Information
If you have any question regarding the use of the Site, please refer first to the FAQ. All other questions or comments about the Site or its contents should be directed to Customer Care or email us at firstname.lastname@example.org.