Please read this Terms and Conditions of Service document carefully before accessing,
using, becoming a member, or referring this service. This service, located at
http://www.advisorselect.com (the "Site"),
is owned and operated by
123jump.com, Inc.
(d/b/a "
AdvisorSelect.com")
and is made available to you under these terms and conditions of service ("Terms").
By accessing or using the service, you agree that you have read and understand
this Agreement and all of its contents, intend this Agreement to be the legal
equivalent of a signed, written contract and equally binding, and that you will
be subject to all of the terms and conditions in this Agreement. If you do not
wish to be bound by these terms and conditions, you may not access or use the
service.
AdvisorSelect.com may modify
this agreement at any time, and such modifications shall be effective immediately
upon posting of the modified agreement. You agree to review the agreement periodically
to be aware of such modifications and your continued access or use of the service
shall be deemed your conclusive acceptance of the modified agreement.
This service is provided for general educational, informational, and research
purposes only and is not an endorsement, recommendation, or guarantee of any
service, product, or professional, community, organization or opinion. AdvisorSelect.com
is not involved in any transactions between individuals visiting the Site ("Users")
and the advisors who receive referrals or advice as a result of information
provided by Users on the Site ("Advisors"). AdvisorSelect.com
has no control over the quality or legality of any services provided by the
Advisors, broker, consultants and planners to the Users or the quality or suitability
of a given Advisor for a given User. You are encouraged to personally interview,
obtain references and reach an independent decision about your choice of advisor.
AdvisorSelect.com may receive a fee
from advisors listed in the service. Selection of a participating professional
to represent or advise you in any matter is your sole responsibility. The Site
does not provide financial services or investment advice of any kind. Past performance
of any Advisor is not an indication of future performance.
By submitting personal information through the Site, you grant permission to
123jump.com and Site to provide this information
to the selected advisors. 123jump.com will
use this information to allow the selected advisors to make contact with you.
We may also contact you directly to discuss your satisfaction with the service,
but we will not provide your contact information to anyone else except if required
by law.
The information and materials found on this Site are not an offer to sell or
a solicitation of an offer to buy any security or investment product or service,
nor shall any such security, product, or service be offered or sold to any person,
in any jurisdiction in which such offer, solicitation, purchase, or sale would
be unlawful under the securities laws of such jurisdiction.
AdvisorSelect.com may post the advertisements
of third parties on this Site or in email communications. The acceptance by
Site of advertising is not intended as and does not in any manner constitute
a recommendation, endorsement, or approval by Site or 123jump.com.
123jump.com or Site shall not be liable
for any loss or damage of any sort incurred as a result of any dealings with
any advertiser or as the result of the presence of such advertisers on the Site
or as a result of any dealings between you and any Investor.
You expressly absolve and release AdvisorSelect.com
from any claim of harm resulting from a cause beyond AdvisorSelect.com's
control, including, but not limited to, failure of electronic or mechanical
equipment or communication lines, telephone or other interconnect problems,
computer viruses, unauthorized access, theft, operator errors, severe weather,
earthquakes, or natural disasters, strikes or other labor problems, wars, or
governmental restrictions.
ADVISORSELECT.COM MAY MAKE AVAILABLE
TO YOU ON THE SITE OR OTHERWISE CERTAIN INFORMATION, PRODUCTS AND SERVICES.
WHILE ADVISORSELECT.COM ENDEAVORS
TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION,
PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. MOREOVER, ADVISORSELECT.COM
MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, PRODUCTS,
AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. ADVISORSELECT.COM
EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION WITH WHICH OF THE ADVISORS OR
USERS YOU OR ANYONE ELSE IS POTENTIALLY MATCHED AND THE MANNER/PROCESS USED
IN SUCH POTENTIAL MATCHING.
YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION,
PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE OR INFORMATION OTHERWISE PROVIDED
TO YOU BY ADVISORSELECT.COM OR OBTAINED
AS A RESULT OF YOUR USE OR OTHER INVOLVEMENT WITH THE SITE (THE "AVAILABLE
INFORMATION"). ADVISORSELECT.COM
MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY,
LEGALITY, OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED OR
CONTAINED ON THIS SITE OR THE OTHER AVAILABLE INFORMATION FOR ANY PURPOSE. ALL
SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL ADVISORSELECT.COM
BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR
ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE
ARISING OUT OF THE UTILIZATION OF THIS SITE OR THIS AGREEMENT, WHETHER BASED
IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISORSELECT.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING, AND WITHOUT LIMITING
THE FOREGOING, TOTAL LIABILITY FOR ADVISORSELECT.COM
FOR ANY REASON WHATSOEVER UNDER THIS AGREEMENT AND/OR RELATED TO USE OF THE
SITE SHALL NOT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID BY YOU TO ADVISORSELECT.COM
UNDER THIS AGREEMENT DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH
THE APPLICABLE CLAIM AROSE, AND FOR ANY PARTICULAR DISPUTE SHALL NOT, IN ANY
EVENT, EXCEED THE TOTAL AMOUNT PAID BY YOU TO ADVISORSELECT.COM
IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
You agree to defend, indemnify, and hold harmless AdvisorSelect.com
and its affiliates, all of their employees, agents, directors, officers, proprietors,
partners, representatives, shareholders, servants, attorneys, predecessors,
successors, and assigns, from and against any and all claims, proceedings, damages,
injuries, liabilities, losses, costs, and expenses (including reasonable attorneys'
fees and litigation expenses), relating to or arising out of or in connection
with any claim, suit, action, or other proceeding brought against Advisorselect.com
or such party, to the extent that such claim, suit, action or other proceeding
is based on or arises from: (a) your provision of services to any third party,
regardless of whether or not they are Users using the Site; (b) any breach of
any representation, warranty, covenant or agreement to be performed by you hereunder;
and (c) any information that you have posted to the Site and/or any content
on your Web Sites or otherwise given to Users; provided that AdvisorSelect.com
or such party provides you with written notice of such claim, suit or action
and reasonable information and assistance related to defending and/or settling
any such claim, suit, action or other proceeding. The provisions of this Section
24 shall survive the termination of this Agreement or your termination or suspension
from the Site.
This Site is controlled and operated by AdvisorSelect.com
from its offices within the United States. AdvisorSelect.com
makes no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where any of
the contents of this Site are illegal is prohibited. Those who choose to access
this Site from other locations do so on their own volition and are responsible
for compliance with applicable local laws.
This Agreement shall all be governed and construed in accordance with the laws
of the State of Florida applicable to agreements made and to be performed in
the Florida. You agree that any legal action or proceeding between the SITE
and you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in Florida. Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action is barred. AdvisorSelect.com's
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. AdvisorSelect.com's
may assign its rights and duties under this Agreement to any party at any time
without notice to you.