Terms and Conditions of Use
1. Acceptance of Terms and Conditions of Use Agreement
- Electronic Form. By accessing the Website or becoming a Member, you consent to having this Agreement provided to you in electronic form.
- Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an email to firstname.lastname@example.org.
- Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
- Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current password. This discontinuation means that you will not have the right to use the Service unless, and until, we issue you a new password. We will only issue you a new password after we have received a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
- Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an e-mail to email@example.com@advisorbridge.ca.
- Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
- Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement.
You must be at least the age of majority in your jurisdiction of residence to register as a Member of AdvisorBridge or to use the Website or the Services. Use of any Services is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Use and Subscription
If you are accessing the non-Member sections of the Website, you may view the Website at no cost. As a non-Member user, you will have the ability to participate in some, but not all, of the features and services available within the Services. In order to access additional features and services, including the ability to communicate with other Members, you must become a paying subscriber to the Services and enter into one of the following membership agreements:
- Success Fee Agreement
- Seller Agreement
- Dealer Agreement
If you would like to review these documents prior to becoming a paying member please contact AdvisorBridge directly at firstname.lastname@example.org.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your subscription at any time, for any reason, by logging onto the AdvisorBridge market network and going to Manage Account and clicking on Delete Your Account or by emailing email@example.com your written notice of termination instructions. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). AdvisorBridge may terminate your subscription by sending notice to you at the email address you provide in your subscription application, or such other email address as you may have later provided to AdvisorBridge. If AdvisorBridge terminates your subscription because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of subscriptions shall be made in the sole discretion of AdvisorBridge. AdvisorBridge is not required to provide you with notice prior to terminating your subscription. AdvisorBridge is not required and may be prohibited from disclosing a reason for the termination of your subscription. Even after your subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive terminations of this Agreement shall be deemed to survive such termination.
5. Unauthorized Use of the Website
Illegal and/or unauthorized uses of the Website, including collecting any information of Members by electronic or other means may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress. Use of the Website is with the permission of AdvisorBridge, and such permission may be revoked at any time, for any reason, in AdvisorBridge’s sole discretion.
6. Account Security
As a Member of the Website, you are responsible for maintaining the confidentiality of the email address and password that you designate during the registration process, and you are fully responsible for all activities that occur under your email and password. You agree to (a) immediately notify AdvisorBridge of any unauthorized use of your email or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AdvisorBridge will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling the ability of your computer to store passwords and other confidential information.
7. Your Interactions with Other Users
You are solely responsible for your interactions with other users. You understand that AdvisorBridge does not in any way screen its Members, and AdvisorBridge does not inquire into the backgrounds of its Members or attempt to verify the statements of its Members. AdvisorBridge makes no representations or warranties as to the conduct of Members or their fitness for hire with any current or future Members. In no event shall AdvisorBridge be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or the Services, including without limitation, bodily injury, emotional distress and/or any other damages resulting from communications or meetings with other Members or persons to whom you are introduced through the Website or Services. You agree to take reasonable precautions in all interactions with other Members. You understand that AdvisorBridge makes no guarantees, either express or implied, regarding the ultimate suitability for employment of Financial Advisors or Investment Dealers it introduces to each other or of the suitability and quality of same. You should not provide your financial information (for example, your credit card or bank account information) to other Members or do so at your own risk.
8. Content on AdvisorBridge
- Proprietary Rights. AdvisorBridge owns or is licensed to use and retains all proprietary rights in the Website and the Services. The Website contains the copyrighted material, trademarks and other proprietary information of AdvisorBridge and its licensors. AdvisorBridge grants to you a limited license to display on your computer, print, download and use all publicly available Content on the Website solely in accordance with this Agreement. Except for that information which is in the public domain or for which you have been given prior written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information. Any unauthorized publishing of AdvisorBridge’s proprietary information will result in termination of the infringing Member’s account and appropriate legal action, including without limitation civil, criminal and injunctive redress, may be pursued.
- Reliance on Content, Advice, Etc. Opinions, advice, statements, offers or other information or content made available through the Website and the Services, but not directly by AdvisorBridge, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. AdvisorBridge does not: (i) guarantee the accuracy, completeness or usefulness of any information on the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability or any opinion, advice or statement made by any party that appears on the Website or in the Services. Under no circumstances will AdvisorBridge or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
9. Content Posted by You on AdvisorBridge
- Posting Content; Accuracy. You are solely responsible for the content that you publish or display (hereinafter, a “post”) on the Service, or transmit to other Members. You will not provide inaccurate, misleading or false information to AdvisorBridge or any Member. If information provided to AdvisorBridge or any Member subsequently becomes inaccurate, misleading or false, you will promptly notify AdvisorBridge of such change.
- Removal of Content. You understand and agree that AdvisorBridge may review and delete any content, messages, double-blind emails, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of AdvisorBridge violates this Agreement or which might be offensive, illegal or that might violate the rights, harm or threaten the safety of its Members.
- Use of Content. By posting Content to any public area of AdvisorBridge, you automatically grant, and you represent and warrant that you have the right to grant to AdvisorBridge and its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of or incorporate into other works, such information and content, and to grant and authorize sub-licences of the foregoing. You further represent and warrant that public posting and use of your Content by AdvisorBridge will not infringe or violate the rights of any third party.
- Prohibited Content. You will not post on the Website, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party’s rights (including but not limited to intellectual property rights and rights of privacy and publicity). The following is a partial list of the kind of Content that is illegal or prohibited on the Website. AdvisorBridge reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation removing the offending communication from the Website and immediately terminating the subscription of such Member. Prohibited Content includes Content that:
- is patently offensive to the AdvisorBridge community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- impersonates another person;
- involves the transmissions of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”;
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copyright-protected devices or providing pirated images, audio or video, or links to pirated images, audio or video files;
- use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Services or the contents of the Website;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising or pyramid schemes.
- Compliance with Laws. Your use of the Service, including but not limited to Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- Public Profiles. You may not include in your public Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
- No Advertising. You may not engage in advertising to, or solicitation of, other Members outside of our Members section. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Services or to attend parties or other social functions or networking for commercial purposes. Although AdvisorBridge cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any Member without their prior express consent.
10. Customer Service
AdvisorBridge provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your subscription, and you will not be entitled to any refund of unused subscription fees.
11. Charges on your Billing Account
- General. AdvisorBridge bills you through an online account (your “Billing Account”) for use of the Services. You agree to pay AdvisorBridge all charges at the prices then in effect for any use of the Services by you or other persons (including your agents) using your Billing Account, and you authorize AdvisorBridge to charge your chosen payment provider (your “Payment Method”) for the Services. You agree to make payments using that selected Payment Method. AdvisorBridge reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Payment Method Provider. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If AdvisorBridge does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
- Refunds. All fees paid to AdvisorBridge, including membership fees, transaction fees, taxes and fees involving the successful purchase or sale of a practice, are non-refundable. Only in extenuating circumstances will a refund be considered. To submit a refund request please contact us at firstname.lastname@example.org. A $100 administration fee applies.
12. Modification to Service
AdvisorBridge reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that AdvisorBridge shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
13. Blocking of IP Addresses
In order to protect the integrity of the Service, AdvisorBridge reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
14. Copyright Policy
You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information in writing: (1) state the claimant’s name and address; (2) identify the material being alleged to be infringed; (3) specify the claimant’s interests or rights in that material; (4) specify the location data for the electronic location relating to the alleged infringement; (5) specify the infringement that is claimed; and (6) specify the date and time when the alleged infringement occurred. For notice of claims, AdvisorBridge’s Copyright Agent can be reached at email@example.com.
15. Customer Disputes
You are solely responsible for your interactions with other AdvisorBridge Members. AdvisorBridge reserves the right, but has no obligation, to monitor disputes between you and other Members.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AdvisorBridge has no control over such sites and resources, you acknowledge and agree that AdvisorBridge is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that AdvisorBridge shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, advertising, products, services or other materials on or available from such sites or resources.
18. Limitations on Liability
Under no circumstance will AdvisorBridge, its affiliates or their respective directors, officers, employees, agents or service providers be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use or inability to use, or reliance on, the Website, any linked websites or such other third party websites or any content, advertising, products, services or other materials on or available from such websites.
19. Geographic Restrictions
AdvisorBridge is based in the Province of Ontario, Canada. The Website and the Services are intended for use by persons located in Canada. The Website and the Services are not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
20. Jurisdiction and Choice of Law
Any dispute arising out of the use of the Website or the Services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions, and each Member expressly agrees and consents to the exclusive jurisdiction and venue of the courts in the Province of Ontario for the resolution of any such dispute.
21. Indemnity by You
To the maximum extent permitted by applicable law, you agree to indemnify and hold AdvisorBridge, its affiliates and their respective directors, officers, employees, agents and service providers, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website or the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
22. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
23. Disclaimer of Warranties
You understand and agree that your use of the Website, its Content and the Services is at your own risk. To the greatest extent permitted by law, the Website, its Content and the Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Neither AdvisorBridge nor its affiliates nor any of their respective directors, officers, employees, agents or service providers makes any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Website, its Content or the Services. Without limiting the foregoing, neither AdvisorBridge nor its affiliates nor any of their respective directors, officers, employees, agents or service providers represents or warrants that the Website, its Content or any Services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses, malware or other harmful components or destructive code. We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses, malware or other harmful components or destructive code. To the greatest extent permitted by law, you are solely and entirely responsible for your use of the Website and your computer, internet and data security.
To the fullest extent provided by law, we will not be responsible for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, ransomware or other technologically harmful material that many infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, the Content or any Services or on any website linked to the Website.
24. Entire Agreement
Please take whatever time you need to consider the terms and conditions of this Agreement before subscribing for membership, including any time you may need to seek independent legal or other advice about it.