Welcome to APViewpoint.com. The website is owned and operated by Advisor Perspectives, Inc., Box 380, Lexington, Massachusetts, USA ("Advisor Perspectives"). These website and materials are designed to comply with U.S. laws and regulations.
This is a binding agreement ("Agreement") between Advisor Perspectives, Inc. and you ("You" or "Your"). This Agreement governs Your use of the website APViewpoint.com (the "Site" or "Sites"), including, without limitation, all content such as text, information, images, forums, and the online community, software and other information, services and materials (collectively, the "Materials"), and all information made available to You through this Site by Advisor Perspectives and/or third parties. Your submissions to this Site are excluded from the Materials.
1. OWNERSHIP OF MATERIALS
All Materials are provided by Advisor Perspectives unless indicated otherwise. All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets, and patents) are the property of Advisor Perspectives unless indicated otherwise. Advisor Perspectives retains all copyrights in the individual pages, their components, and collective works available at the Site. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without Advisor Perspectives' prior written permission. Advisor Perspectives, the Advisor Perspectives logo and the APViewpoint logo are trademarks and the property of Advisor Perspectives. All other names and trademarks are the property of their respective holders.
2. USE LICENSE
Any unauthorized use of any Materials or information at this Site may violate patent, copyright, trademark, and other laws. Any use of this Site or the Materials shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble, or make derivative works of the Materials; (c) remove any confidentiality, privacy, patent, copyright, trademark, or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity in manners inconsistent with this Agreement and current Advisor Perspectives policies. You agree to prevent any unauthorized copying of the Materials or information.
3. TERMINATION OF THIS USE LICENSE
Advisor Perspectives may terminate this use license at any time if You are in breach of the terms of this Agreement or if You are found to be in violation of Advisor Perspectives' Code of Conduct. Upon termination, You will immediately destroy any Materials in your possession, if any, and cease use of the Site.
4. CONDITIONS OF USE AND TERMS
To be a registered participant of APViewpoint.com, You must:
- be an investment professional, such as a registered investment adviser, registered representative, financial planner, accountant, or other person who works directly with individual and institutional investors to help them address their financial needs;
- not manufacture, distribute, or wholesale mutual funds, ETFs, or other investment products used by investment professionals in their clients' portfolios;
- not be a subadvisor for a mutual fund or ETF;
- not be a member of the media, a freelance writer, employed by or an agent of a public relations company, unless you have received written permission from Advisor Perspectives;
- not have any financial interests in the information you provide to the Site, including, but not limited to, the promotion of any investment products;
You further acknowledge that:
- at some point in the future, fund companies, ETF providers and other product manufacturers will be given limited access to APViewpoint. You will be notified when this occurs.
- You will not use APViewpoint for commercial purposes, such as the promotion of investment products, books, webinars or other services, nor will You use it to solicit business from members of the APViewpoint community.
- You will not use APViewpoint to post job openings or as a tool for recruiting, such as recruiting advisors or other investment professionals.
By submitting that information to Advisor Perspectives, You hereby certify all assertions made under this Section and agree that You authorize Advisor Perspectives to confirm the veracity of such information.
5. SECURITY
This Site is intended by Advisor Perspectives to require a valid, working e-mail address and password to access and use the Materials on the Site. Certain other Materials or functionalities on the Site may require additional access codes. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords, and codes (collectively, "ID(s)") assigned to you, (2) not allowing another person to use your IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing Advisor Perspectives in writing of any need to deactivate an ID due to potential or actual security concerns. Advisor Perspectives is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access, and use the Site using Your ID. You agree to immediately notify Advisor Perspectives in writing of any unauthorized use of Your ID.
6. DISCLAIMERS
The Materials available are for informational and educational purposes only and are not a substitute for the professional judgment of an investment professional. Persons accessing this information assume full responsibility for the use of the information and agree that Advisor Perspectives, Inc. is not responsible or liable for any claim, loss, or damage arising from the use of the information. Advisor Perspectives does not recommend or endorse any investment products, opinions, or other information that may be mentioned on the Site. Your reliance upon the Materials obtained or used by You is solely at Your own risk.
7. REPRESENTATION
You are liable for the accuracy of the information that You provide to us, including, but not limited to, Your personal and professional representation as provided in Section 4.
8. GENERAL DISCLAIMERS
THE MATERIALS AND THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL ADVISOR PERSPECTIVES, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT AND MATERIALS OR THE SITE, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS, (5) THE COMPLIANCE WITH ANY LAW, RULE, REGULATION, LAW ENFORCEMENT, GOVERNMENT OFFICIALS, OR LEGAL AUTHORITY OR THE LIKE, OR (6) ANY OTHER FAILURE TO PERFORM BY ADVISOR PERSPECTIVES OR ADVISOR PERSPECTIVES™ CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER ADVISOR PERSPECTIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADVISOR PERSPECTIVES ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. Advisor Perspectives and its parents, subsidiaries, affiliates, and their respective members, directors, officers, employees, stockholders, and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. Advisor Perspectives may make changes to these Materials, or to the services and/or products described therein, at any time without notice. Advisor Perspectives makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in Your location.
9. LIMITATION OF LIABILITY
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, ADVISOR PERSPECTIVES SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND ADVISOR PERSPECTIVES AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $50.00. YOU AND ADVISOR PERSPECTIVES AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND ADVISOR PERSPECTIVES. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, ADVISOR PERSPECTIVES WOULD NOT PROVIDE THE SITE OR MATERIALS TO YOU.
10. INDEMNITY
You agree to defend, indemnify, and hold Advisor Perspectives, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, and agents harmless against any losses, expenses, costs or damages (including Advisor Perspectives' reasonable attorneys' fees, expert fees, and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site or the Materials, and (3) the unauthorized or unlawful use of the Site by any other person using Your ID.
11. USER SUBMISSIONS
General:
Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to the Site or third party site will be considered non-confidential and non-proprietary ("Communications"). Advisor Perspectives will have no obligations with respect to the Communications. You agree that from time to time Advisor Perspectives may invite or otherwise make You aware of certain educational, promotional, or financial opportunities relating to Your Communications and profile.
Advisor Perspectives hereby grants You a non-exclusive, non-transferable license to re-use or republish your own contributions made to the APViewpoint Site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to Your own contributions and does not grant You rights to republish the contributions or postings of other APViewpoint members. Advisor Perspectives and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate, and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Advisor Perspectives shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. You are prohibited from posting or transmitting to or from this Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You are prohibited from revealing the name or other personally identifying information of any other APViewpoint member unless that individual has previously revealed his or her own name or personally identifying information in that specific APViewpoint post. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Advisor Perspectives hereby notifies You that any or all Communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Advisor Perspectives in its sole discretion and without further notice.
Personal Profile:
Once a registered participant, You may provide additional information in Your personal profile describing your credentials, professional experiences, academic background, biography, and the like. Portions of Your personal profile shall be available for viewing by other registered participants of APViewpoint and will be considered non-confidential and non-proprietary. Providing additional information in Your personal profile beyond what is required at registration is entirely optional You can alter or remove it any time at any time.
12. COOPERATION WITH GOVERNMENT AUTHORITIES
If necessary and in accordance with applicable law, Advisor Perspectives will comply with local, state, federal, international, and/or worldwide with all laws, rules, regulations, law enforcement, government officials, legal authority, or the like.
13. LINKS TO OTHER MATERIALS
Sites with linked from APViewpoint are not necessarily under the control of Advisor Perspectives and Advisor Perspectives is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. Advisor Perspectives reserves the right to terminate any link or linking program at any time. Advisor Perspectives may select links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Advisor Perspectives shall not be responsible for notification of any change in name or location of any information of the Site. Advisor Perspectives reserves the right to request any web site administrator to disable or remove any link that violates any rights of Advisor Perspectives, or causes interruption or deterioration of Materials provided by Advisor Perspectives. Failure to abide by this request shall be dealt with as provided in this section.
14. APPLICABLE LAWS
This Site is controlled by Advisor Perspectives from its offices within the Commonwealth of Massachusetts. Advisor Perspectives makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for their own compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
15. DISPUTE RESOLUTION
Any dispute between Advisor Perspectives and You arising out of this Agreement shall be resolved first by direct communication with one or more of Advisor Perspectives' management team members. Should Advisor Perspectives and You be unable to resolve the dispute by communication and both You and Advisor Perspectives jointly agree to do so, Advisor Perspectives or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Advisor Perspectives' headquarters and pursuant to Massachusetts law. The arbitrator shall fully implement the intent and purposes of this Agreement. The party found liable shall indemnify the other party for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
16. ENTIRE AGREEMENT
This Agreement, including the Privacy Policy, and any other Advisor Perspectives policy which is incorporated herein by this reference, contains the entire agreement between You and Advisor Perspectives relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by You relating to the subject matter hereof, or (2) statements of any of Advisor Perspectives' employees.
17. TERMINATION
Your right to access and use the Site and Materials immediately terminates without further notice upon Your breach of this Agreement, or if You are found to be in violation of Advisor Perspectives' Code of Conduct, Advisor Perspectives may terminate this Agreement and/or Your right to use the Site and Materials at any time, with or without cause. Sections 1, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20 and 24 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. Advisor Perspectives reserves the right to discontinue or make changes to the Site and/or Materials at any time.
18. ASSIGNMENT
Advisor Perspectives may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without Advisor Perspectives' prior written permission. Any attempt by You to assign Your rights under this Agreement without Advisor Perspectives' permission shall be void.
19. WAIVER OF BREACH
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
20. FORCE MAJEURE
Advisor Perspectives shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by Advisor Perspectives to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts, or omissions of civil or military authority, war, terrorism, or any other event beyond Advisor Perspectives' control.
21. NOTICE
Advisor Perspectives may deliver notice to You under this Agreement by means of electronic mail, a general notice on APViewpoint, or by written communication delivered by first class U.S. mail to Your address on record in Advisor Perspectives' account information. You may give notice to Advisor Perspectives at any time via electronic mail to
Advisor Perspectives, Inc.
Box 380
Lexington, MA 02420
USA
Attn: Advisor Perspectives Legal Department
If You object to any material found on this Site, please bring Your concerns to the attention of
22. HEADINGS
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
23. INVALIDITY
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative, or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance, or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative, and enforceable to the maximum extent permitted in such circumstances.
24. GENERAL
Advisor Perspectives reserves the right to make changes to this Agreement at any time without advance notice. Advisor Perspectives agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable. You understand and agree that if you use the Advisor Perspectives services or access the Site after the date on which the amendment has been posted, You consent to the such amendment.